Dog bites happen all of the time. According to the CDC, about 4.5 million dog bites occur each year. In most instances, a dog bite doesn’t amount to anything more than a small scratch.
However, in some cases, dog bites can be a lot more severe. If you own a dog that bites someone else, it can even lead to legal trouble. Because so many people own dogs in the US, there’s a whole section of law dedicated to dog bites.
What are the dog bite laws? What should you do if your dog bites someone else? What should you do if you get bitten by a dog?
Read on to discover what you need to know about dog bite laws.
Strict Liability for Dog Bites
Many states have a “strict liability” statute regarding dog bites. Strict liability means that the defendant (aka, the dog owner) will be held liable for the dog bite, regardless of whether they could have done anything to prevent it.
The typical statute says that the dog owner is liable if their dog bites someone else, as long as the injured person wasn’t trespassing on the owner’s property or they didn’t do anything intentionally to provoke the dog.
If the strict liability statute exists in your state, what the owner did prior to the dog bite is usually irrelevant. However, it’s important to note that strict liability statutes aren’t the same in every state. In some states, strict liability statutes only apply when the bite occurs on public property.
Dog Bite Laws Vary By State
Not only do strict liability statutes vary by state, so too do other dog bite laws. One of the biggest laws to take into consideration is the one-bite law.
Prior to the twentieth century, dog owners were typically only held liable for dog bites if they had a reason to believe their dog would bite someone. This law was dubbed the “one bite rule” because it typically meant that the dog was allowed one “free bite” before its owner would face legal repercussions.
In today’s time, the rule is interpreted a bit differently. If an owner knows that a particular dog breed is dangerous, or if they have reason to believe their dog may act out aggressively, they could face legal trouble for the first bite.
The focus when applying this rule rests on whether the owner knew that their dog might bite someone. Many states have gotten rid of the one-bite rule, but some still have it. States with the one-bite rule include:
- Alaska
- Arkansas
- Kansas
- Mississippi
- New Mexico
- North Dakota
- South Dakota
- Texas
- Vermont
- Virginia
How the one-bite rule is enacted varies from state to state. Either way, if your dog bites someone or if a dog bites you, you should hire an attorney. Have a look here to learn how to hire a dog bite attorney.
Dog Bite Laws: Time to Act
Now that you’re familiar with these dog bite laws, you should have a better idea of what to do should your dog bite someone. Dog bite laws can be complicated, which is why it’s important to hire a lawyer if you’re involved in a dog bite incident.
Be sure to check back in with our site for more news regarding dog bite laws.