{"id":353507,"date":"2016-04-04T10:47:01","date_gmt":"2016-04-04T15:47:01","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/proving-owner-knowledge-of-a-dog-s-viciousness.html"},"modified":"2024-08-09T10:38:52","modified_gmt":"2024-08-09T15:38:52","slug":"proving-owner-knowledge-of-a-dog-s-viciousness","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/proving-owner-knowledge-of-a-dog-s-viciousness.html","title":{"rendered":"How To Prove Fault in States Without Dog Bite Laws"},"content":{"rendered":"\n
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How To Prove Fault in States Without Dog Bite Laws<\/h1>\n\n
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\n By Amber Sheppard, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

In some states, a dog’s owner is almost always liable for the injuries it causes. But in other states, you’ll have to prove that the owner knew or should have known about their pet’s dangerous or aggressive disposition.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

State laws can affect your personal injury claim for a dog bite. They shape the kind of proof you need for a successful lawsuit.\u00a0<\/p>\n

States that don’t have\u00a0strict liability<\/a>\u00a0dog bite laws require the injured person to prove the dog owner knew or had reason to know that the dog had vicious propensities. This means the owner would have known the dog was predisposed to\u00a0bite or attack<\/a>\u00a0and was\u00a0negligent in handling the animal.<\/p>\n

Other states have the common law one-bite rule<\/a>. This means the injured person shows that the dog bit someone before, so the owner knew it could happen again.<\/p>\n

This FindLaw article explains how to prove an owner knew of aggressive behavior in states without strict liability laws. Arguing this fact can be difficult, so it’s wise to get support from a dog bite lawyer<\/a> during the process.\u00a0<\/p>\n

Factors That May Show a Dog Owner Expected a Dog Bite Injury<\/h2>\n

A dog bite lawyer can examine some universal factors to show that the dog’s owner knew it might attack. Even if the dog’s owner did not know it was vicious, these common factors can show that the owner should have known it could hurt someone.<\/p>\n

Risks Associated With the Dog’s Breed and Size<\/h3>\n

A dog’s breed or size does not automatically mean it will cause personal injury to someone. But, a good personal injury lawyer can show that it’s usually common sense that a dog owner with a large dog would know the dog may\u00a0cause serious injury<\/a>.<\/p>\n

Many dog bite cases involve dogs stereotypically associated with vicious propensities like:<\/p>\n