What States Have the One-Bite Rule?

Sixteen states currently have the one-bite rule: Alaska, Arkansas, Idaho, Kansas, Maryland, Mississippi, Nevada, New Mexico, New York*, North Dakota, Oregon, South Dakota**, Texas, Vermont, Virginia, and Wyoming. The one-bite rule states that a dog’s owner will only be liable for injuries caused by the dog if the owner knew the pet had aggressive tendencies. It’s sometimes called the one-free-bite rule.

The above list is accurate as of this writing, but because laws are always changing, you should verify the current law in your state.

More about the one-bite rule 

After the initial bite, the dog parent is essentially on notice that their dog may be prone to biting, and if the dog bites again, they could be held liable. The rule comes from the idea that the first bite gives the dog parent a “warning” about the dog’s behavior.

The one-bite rule was once standard throughout the country. Over time, however, many states have amended their laws to state that the pet parent is fully responsible for a dog bite, even if their dog had never shown signs of aggression in the past or prior bite history.

States without the one-bite rule 

If you do not live in one of the states listed above, then you are under “strict liability” laws governing dog bites. This means that if your pet bites another person or pet, you can be held both criminally and civilly responsible even though there was no reason for you to think the dog was aggressive.

As with any law, how it is applied depends on your state and the circumstances surrounding the bite. Also, if the plaintiff can be shown to have provoked the dog, this can negate the pet parent’s liability. Since there are so many variations in these laws, it’s important to learn the specifics of the laws in your state.

Related article

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*If you live in New York, the one-bite rule applies to criminal charges, but you can still be held responsible in a civil court.

**In South Dakota, the one-bite rule applies unless the dog was running at large or the owner had not kept reasonable control over the pet.