The One Bite Law Explained: How Liability for Dog Bites Is Determined in Your State

While New Jersey does not, some states have what is commonly called one-bite laws that protect dog owners, to different degrees, from liability the first time their pets attack – if the dog in question is not known to be aggressive and has never bitten anyone before. Dog bites are dangerous and frightening regardless of whether the dog has bitten someone else before, and if you or someone you love has been injured in this way, don’t wait to reach out for the skilled legal guidance of an experienced New Jersey dog bite lawyer. 

The Basics of the One Bite Law and How It Varies from State to State

One bite laws generally hold that dog owners are responsible for the dangerous behaviors their pets display when all the following elements apply:

• The dog has a propensity for aggression.
• The dog’s owner was aware of the dog’s aggressive propensity prior to the bite in question.
• The dog’s aggressive propensity caused the person attacked to suffer legal damages – or losses. 

In other words, if a pet owner has reason to believe that their dog might behave aggressively, the one-bite law would not shield them from liability. Regardless of the state’s laws, all dog owners are responsible for implementing the utmost care when it comes to their pets and the safety of others. 

States with One Bite Laws

The states that currently have a one-bite law in place include:

• Alaska
• Arkansas
• District of Columbia
• Kansas
• Mississippi
• Nevada
• New Mexico
• New York – In New York, the one-bite law applies only to criminal charges and not to civil charges.
• North Dakota
• South Dakota – In South Dakota, the one-bite law doesn’t apply if the dog is running at large or if the owner didn’t keep reasonable control over the animal. 
• Texas
• Vermont
• Virginia
• Wyoming

While the one-bite law used to be standard throughout the United States, most states have moved toward stricter liability. 

States with Strict Liability

Those states that don’t have one-bite laws on the books – like New Jersey – generally employ strict liability laws – in one form or another. This means that dog owners are both criminally and civilly responsible for any damages their pets cause – even when they had no reason to believe their dogs were aggressive in the first place. Each state, however, has its own interpretation and application of legal liability in relation to dog bites .

Factors that Can Impact Liability under the One Bite Law

There are several factors that can affect a dog owner’s liability in states with one-bite laws.

The Dog Has Already Displayed Threatening Behavior

Even if the dog in question has never physically attacked anyone, any signs of threatening behavior are indicative of aggressive tendencies, which should put the owner on notice. A dog that growls, snaps, or barks threateningly at strangers in its midst is letting the owner know that a bite may not be far off. This can be enough to make the owner liable for a first bite in a one-bite state – but only if the dog’s behavior was genuinely threatening. A dog that simply barks at all strangers with no threat implied isn’t likely to negate the one-bite criteria.  

The Dog Has Already Bitten Someone

If the dog in question has already bitten someone, it sends a strong message to the owner that the pet has aggressive tendencies. The circumstances involved can play a role. For example, if the dog lunged at a stranger in attack mode, there is little question about the animal’s propensity for threatening behavior, but if the dog in question was a puppy when it nipped at someone playing with it, it’s less likely to be considered indicative of aggression.

The Dog Tends to Chase and Jump

Even behavior that is simply playful for a dog can put people at risk. For example, the owner of a large, friendly dog that is in the habit of jumping up on houseguests and that injures one in the process could be held liable based on their knowledge of the dog’s habits. The same is true of a dog owner whose pet likes to chase bicyclists if the chasing leads to injuries. 

Others Have Complained about the Dog

Once neighbors or anyone else complains about an animal’s aggressive behaviors, the dog owner should be aware that there’s an issue. Complaining that a dog is a nuisance, however, is different than complaining about threatening actions. 

The Dog Fights with Other Dogs

Sometimes a dog that is very gentle with people is very aggressive with other dogs, which courts recognize is not a reliable predictor of future aggression against people.  A dog that has been trained to fight other dogs, however, might be a different story. 

The Owner Posted a Beware of Dog Sign

Posting a Beware of Dog sign is not necessarily indicative of the owner being aware of their pet’s aggressive tendencies. Many people post such signs as a form of security – whether or not the dog in question is actually dangerous. 

The Matter of Certain Breeds

Most courts don’t take a dog’s breed into consideration. For example, the owner of a pit bull is not required to automatically react as if it could be aggressive. Some states do, however, allow cities, towns, and other municipalities to implement legislation that is breed specific. 

Common Defenses Used by Dog Owners in One Bite Law Cases

The owners of dogs that bite often turn to defenses that fall into basic categories. 

The Victim Provoked the Dog

Dog bite laws typically don’t hold the owner responsible for the damages caused by an animal that was provoked into attacking. When a situation leaves a dog feeling anxious or threatened, their instincts kick in, which include fleeing or fighting. The safest approach is fleeing the dangerous situation, and most dogs choose this option when it’s available. When a dog feels trapped, however, it can resort to aggressive behaviors that are intended to warn the person or animal off. When that doesn’t work, the dog may attack.  The kind of behaviors that are considered provocative includes all the following:

• Trapping the dog in a small space 
• Startling the dog
• Stepping on the dog’s tail
• Pulling on the dog’s coat, tail, ears, or legs
• Hitting or kicking the dog

Threatening the dog’s owner can also provoke it into aggression.  Other behaviors that typically don’t make the cut when it comes to provocation include: 

• Simply walking toward the animal
• Walking toward the dog and its owner while carrying something that – unbeknownst to you – triggers the animal
• Rising and facing the dog from a seated position
• Feeding the dog a snack
• Reaching out to pet the dog
• Playing with and petting the dog
• Helping to transport an injured dog

Just because a dog owner claims the victim provoked the pet, however, does mean that the court will see it that way.  

The Victim Was Trespassing

If the victim of the dog bite was trespassing at the time of the attack, the dog owner is less likely to be held accountable. In order for a trespasser to prevail with a dog bite claim, they generally need to prove that the dog owner was negligent in some way and that this negligence caused them to be injured. Most states define trespassers as someone who is on the property in question unlawfully, which includes all the following scenarios:

• The victim was not invited to be on the property either expressly or via implied invitation.
• The victim stayed on the property beyond the limits of their invitation.
• The victim was not performing an official duty on the property.
• The victim refused to leave the property once their invitation was revoked.
• The victim ignored a no-trespassing sign.
• The victim was specifically told not to enter the property.
• The victim broke into the property.
• The victim was uninvited and threatened the property owner. 

Situations in which an invitation is implied include things like the following:

• You were on the property for a backyard picnic or barbeque hosted by the owner.
• You are a close friend or neighbor of the property owner, and you stopped by for a surprise visit. 
• You knocked on a stranger’s door to ask for directions after becoming hopelessly lost.
• You were on the property to care for the pets or children of the owner.

In other words, if you had a valid reason for being on the property or if you were on public property at the time of the attack, any claim of trespassing is unlikely to hold. 

The Victim Voluntarily Assumed the Risk

Adults and children who are mature enough to understand the risk that they voluntarily encounter can be deemed to have consented to any injuries they sustain as a result. If, for example, the dog bite happened at a no-leash dog park and it wouldn’t have happened had the dog in question been leashed, it might be classified as a voluntary assumption of risk. It’s important to note, however, that if the owner of the dog that attacked was aware of the risk to others and failed to take the necessary precautions, the assumption of risk defense isn’t likely to hold. 

Steps You Can Take to Protect Yourself and Your Rights under the One Bite Law

The most important steps you can take when it comes to protecting yourself – regardless of the state dog-bite laws that apply – are avoiding risky situations, knowing the warning signs of canine aggression, and taking appropriate action. 

Risky Situations

Avoiding risky situations from the outset is a great way to help protect yourself from dangerous dog bites. Helpful practices include all the following:

• Don’t pet a dog unless the owner tells you it’s safe to do so.
• Don’t make eye contact with a dog you don’t know
• Avoid walking in neighborhoods or past houses where there are dogs that concern you.
• Leave dogs that are in chains alone.
• Stay out of leash-free dog parks that don’t enforce careful rules regarding aggressive dogs or that fail to separate dogs according to size.

Warning Signs

The warning signs of a dog’s aggression can include all the following:

• If the dog becomes still and rigid
• If the dog emits a guttural bark that sounds threatening
• If the dog charges or lunges forward at you
• If the dog uses its mouth in an attempt to control you but without applying much pressure
• If the dog uses its muzzle to punch you
• If the dog growls at you, bares its teeth at you, snarls at you, snaps at you, or engages in any combination of these
• If the dog nips at you
• If the dog takes a quick bite that tears the skin

Things only get more dangerous from here. While canine aggression sometimes escalates in a progression, this isn’t always the case.

Appropriate Action

If you find yourself in a tense situation with a dog, there are several steps you can take to help diffuse the situation and protect yourself, including:

• Slowly backing away from the dog
• Not turning your back on the animal
• Refraining from running away
• Using whatever you can create a barrier between yourself and the animal
• Using a strong commanding tone to instruct the animal or attempting to distract them with a treat
• Curling up in a ball to protect your head and neck and remaining still – if the dog knocks you to the ground

Finally, the best way to protect your legal rights is by consulting with a trusted dog bite lawyer as soon after the attack as possible. 

It’s Time to Consult with an Experienced New Jersey Dog Bite Lawyer

David J. Cowhey is a focused dog bite lawyer at The New Jersey Dog Bite Lawyer who is well-versed in the intricacies of dog bite cases and has a wealth of experience helping clients as you prevail with claim resolutions that cover their complete losses. For more information, please reach out to us through our online form or call us at (866) 259-4377 today.