The one bite rule must be supplemented throughout the United States. This old English one bite rule demands little or no vigilance from dog owners. Under it, a person can own one dangerous dog after another without fear of civil liability, because each dog is allowed what courts call a “free bite”—even when that bite results in mauling or death. Learn more about the deadly one bite rule.
A state that relies entirely on the one bite rule puts the cost of a dog’s first attack on the injured person. That burden should not fall on the victim. There should be no legal right to a first bite. Dog owners should be financially responsible when their dogs cause harm—whether by biting, knocking someone down, or otherwise injuring them.
Most dog bite claims are paid through homeowner or renter insurance. But when the one bite rule blocks recovery, it is the insurance company—not the victim or even the dog owner—that gains. This harms both the injured person and the dog owner, especially since 75% of the time, the victim is a family member, friend, or neighbor.
Two-thirds of the states and the District of Columbia already have statutes that supplement the one bite rule by making dog owners almost strictly liable for bites and other injuries. These statutes do not create automatic liability in every situation. Typically, they excuse the dog owner when the victim provoked the dog or was trespassing—particularly if the victim was an adult. These reasonable exceptions strike a fair balance between protecting victims and not punishing responsible owners unfairly.
The one bite rule is not enough. Legislatures in one bite states and mixed law states must adopt clear, modern dog bite statutes that place financial responsibility where it belongs: on the owners of dogs that cause harm, unless the victim did something seriously wrong. Residents of those states should urge their lawmakers to enact the Model Dog Bite Laws by Attorney Kenneth M. Phillips.