If You Own A Dog In Oregon You Need To Understand The One-Bite Rule
If you own a dog, not only are you responsible for taking care of your dog, but you are also responsible for all the actions that your dog may take against others. If your dog ever injures someone, you will be held responsible for your dog's actions. Here is how the one-bite rule generally works in states that still have the rule on the books.
The Basics Of The One-Bite Rule
The one-bite rule refers to the idea that as a dog owner, if your dog has never bitten someone, it is reasonable for you to think that your dog would not bite anyone based on their previous behavior. If your dog does bite someone, and it is the first time they have ever taken an action like this, you are legally given a free pass and cannot be sued for your dog's actions because you reasonably assumed your dog would never bite anyone.
However, once your dog has shown you that they are capable of biting someone, you now reasonably know that your dog could bite someone and thus will be held responsible for any future damage your dog causes to another individual.
The Locations Where This Rule Applies
Numerous states have taken one-bite rules off the books and now hold dog owners responsible for their dog's actions starting with the first bite and have liability laws that are stricter than the one-bite rule. However, a number of states still have one-bite rules in effect:
- Wyoming
- Virginia
- Vermont
- Texas
- South Dakota
- Oregon
- North Dakota
- New York
- New Mexico
- Nevada
- Mississippi
- Maryland
- Kansas
- Idaho
- Arkansas
- Alaska
Each of the states listed above currently have some version of the one-bite rule on the books.
The Exceptions To The Application Of The One-Bite Rule
Just because your state has a one-bite rule does not mean that you are free from being sued if your dog does bite someone for the first time. If your dog does bite and injure someone, they can sue you in order to get financial compensation. If you were to be sued in a one-bite state, it would be up to the other party to prove that you had information that your dog might bite.
This can be hard for someone to prove, and is really subjective, which is why you need a highly skilled personal injury lawyer to represent you to show that the other's party's allegations are false and you could not have reasonably assumed your dog would bite anyone.
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