The “one-bite rule” is a controversial legal doctrine that shields owners of domesticated animals – mostly dogs – from liability for injuries caused by their pets, unless they were aware of their propensity to harm others prior to the incident (Phillips, 2018a). Simply put, the one-bite rule is commonly used to establish liability when a domesticated animal attacks a human for the first time. It first appeared in the 17th century in pastoral England, when it was perfectly normally for animals such as dogs, hogs and mules to wander around without their owners being expected to guard them or take responsibility for their actions (Phillips, 2018b).
As a person who thinks that everybody should be held accountable for their actions without any exceptions, I believe that obsolete doctrines like the one-bite rule have no place in today’s developed societies. The one-bite rule tells citizens that they don’t need to worry about the physical and psychological harm that their dogs’ first bite might cause, thus prompting them to underestimate the potentially catastrophic effects that their animals’ dangerous propensity might have on others.
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As a principle that is clearly out of touch with American values, it is no wonder that many states have already passed legislation that either partially or completely rejects the idea that dog owners should not be held liable for their animals’ first attack. As reported by Boeschen (2018), twenty-nine states and the District of Columbia have already enacted special dog-bite statutes according to which dog owners should always be held liable if their dogs attack someone, regardless of whether the attack could have been prevented. With that being said, if the plaintiff is found guilty of provoking the defendant’s animal or breaking into his / her house prior to the attack, it is unlikely that the defendant will be held responsible for his / her dog’s first bite.
- Boeschen, C. (2018). “One-Bite” vs. Strict Liability Rules for Dog Bite Injury Cases. Retrieved from http://www.alllaw.com/articles/nolo/personal-injury/one-bite-strict-liability-dog-bite.html
- Phillips, K.M. (2018a). Overview of the “One Bite Rule”. Retrieved from https://dogbitelaw.com/one-bite-rule/overview-of-the-one-bite-rule
- Phillips, K.M. (2018b). Criticism of the One Bite Rule. Retrieved from https://dogbitelaw.com/one-bite-rule/criticism-of-the-one-bite-rule
