{"id":353543,"date":"2017-08-23T20:35:53","date_gmt":"2017-08-24T01:35:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/what-is-the-one-bite-rule.html"},"modified":"2025-08-19T12:17:41","modified_gmt":"2025-08-19T17:17:41","slug":"what-is-the-one-bite-rule","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/what-is-the-one-bite-rule.html","title":{"rendered":"What Is the ‘One Bite’ Rule?"},"content":{"rendered":"\n
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What Is the 'One Bite' Rule?<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\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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Owners must properly control a pet that bit someone in the past (unprovoked). The “one bite” rule means a cat or dog owner is liable for injuries if they knew or should have known that the animal might act in a dangerous way.<\/p>\n\n <\/div>\n\n\n\n

Caring for an animal can involve a lot of work and expenses, but most animal owners would agree that the benefits far outweigh the costs. Unfortunately, even the most loved and gentle animals can\u00a0inflict injuries<\/a>\u00a0on someone or someone’s pet.<\/p>\n

For this reason,\u00a0most states have laws<\/a>\u00a0that specify a\u00a0dog owner’s liability<\/a> if their dog attacks someone. One theory of liability is the “one bite” rule<\/a>. Read on to learn more about this rule in dog bite cases, how dog owners can be at fault, and why a dog bite lawyer is helpful in dog bite lawsuits.<\/p>\n

If you suffered an animal bite, you can get more guidance from a personal injury lawyer<\/a>. Or, you may need a civil claim defense lawyer<\/a> if your pet hurt someone.<\/p>\n

Theories of Liability in Animal Attacks<\/h2>\n

Although\u00a0state laws differ<\/a>, most have dog bite laws that dictate who is responsible when a dog or other type of animal harms someone.<\/p>\n

Although there are many theories you can use to prove liability in personal injury cases like these, you should talk to a\u00a0dog bite attorney<\/a>. These attorneys are\u00a0personal injury attorneys<\/a>\u00a0who can help you determine which argument is most likely to succeed.<\/p>\n

The most common theories of liability include the following.<\/p>\n

Strict Liability Law<\/h3>\n

Many states use a version of this rule for\u00a0dog bite liability<\/a>. The dog owner is responsible for the injury if the dog bite victim was in a place they were legally allowed to be. In these states, it does not matter if the owner knew their dog was dangerous or if they could have prevented the attack.<\/p>\n

State laws or\u00a0common law<\/a>\u00a0define what qualifies as a dangerous dog. Usually, a dog is dangerous if it is known to bark, growl, or be aggressive to humans or animals without reason.<\/p>\n

‘One Bite’ Rule<\/h3>\n

The name of this theory comes from the idea that an animal gets one free bite. One bite law says after that, the owner is aware of and responsible for controlling their animal and its vicious tendencies. The owner would have to pay for medical bills, pain, and suffering, or wrongful death costs for future dog bites on the owner’s property, private property, or public property.<\/p>\n

If your town has a leash law and your dog is not restrained by a leash or a fence and bites someone, animal control may deem your dog dangerous for any dog bite injury.<\/p>\n

Negligence Theory<\/h3>\n

Even if you can’t prove liability under strict liability or the “one bite” statute, you may still be able to pursue your dog bite case. The theory that the dog owner or caretaker did not take proper action to decrease the likelihood of a dog bite incident is negligence<\/a>. You could recover damages if you made a claim to his insurance company or filed a dog bite lawsuit.<\/p>\n

Proving Liability Under the ‘One Bite’ Rule<\/h2>\n

How one state applies the “one bite” rule may differ from how another does. Generally speaking, a homeowner or dog owner is\u00a0liable for the injuries<\/a> their animal causes on or off their property, if the injured party can show all the following:<\/p>\n