If you want to recover compensation through a dog bite lawsuit, you need to prove that you sustained injury from a dog and that the owner should be held accountable for the harm you endured.
The specifics of what you must prove varies depending on the rules in place where you live. Some states are strict liability states, while others are called one-bite states because they require you to show an owner had reason to know their dog was aggressive in order for the owner to be held liable for losses.
One-Bite States
One-bite states get their name from a common law rule that said an owner could be held responsible for a dog bite if they knew, or should have known, that their dog could be dangerous to others.
This rule doesn’t necessarily mean an owner can only be held responsible if a dog actually bit someone once before. Any behaviors that could put an owner on notice that their dog could be violent can result in the owner being held responsible if their animal ultimately does injure someone. This includes:
- A previous bite history
- Barking or growling at people
- Chasing people or bicycles
- Jumping up on people
- Fighting with other dogs
- Complaints about the dog’s behavior from others
If you live in a one-bite state and the owner did not have any reason to believe their dog was aggressive prior to the bite incident, this can make it harder for you to recover compensation. But that doesn’t necessarily mean you cannot file a dog bite lawsuit. If you can prove the owner was negligent in stopping or preventing an attack, you may be able to receive compensation for resulting losses.
Strict Liability States
Many states have replaced the common law “one bite” rule with a statute imposing more liability on animal owners.
In strict liability states, dog owners are responsible any time their dog hurts someone regardless of whether there was reason to suspect the dog could be dangerous or regardless of whether the owner was negligent.
If you live in a strict liability state, all you must prove is that a dog hurt you without provocation and that you suffered compensable damages as a result.
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