One Bite Vs Strict Liability Rules For Dog Bite Injury Cases

Dog Bite Claim
Dog Bite Injury Cases

Generally, there are two different types of owner liabilities associated with the injuries caused by dog bites. It is true that the laws regarding dog bites differ for each state. However, there are two basic laws, which determine the liability of the dog bite injuries. There is the liability in cases in which the owner knew or must have known that there is a chance for the dog to bite someone. There is also the liability in the cases in which the knowledge of the owner about the risk posed by the dog is not considered seriously. These two laws can be termed as the one bite law and strict liability rule respectively.

One Bite Law

Before the twentieth century, in cases of a dog bite, the owner was held liable only if he had a reason to know earlier that the dog might bite someone. This rule came to be known as the one bite rule because this naturally meant that the first bite of the dog would be considered not as the mistake of the dog owner because he had no way to know that the dog would bite. However, if the dog bites anyone for the second time, the owner will be held responsible for that bite, under this law because he was negligent in taking proper care of the situation.

In the present day, things are different. It is not necessary for the dog to have bitten someone earlier to hold the owner liable for a dog bite. If the dog owner had clear knowledge about the danger posed by the dog beforehand, he can be held liable for the injuries caused by the dog bite.

Strict Liability Law

 According to the strict liability law in dog bite cases, the owner will be held responsible for the injuries caused by the dog bite irrespective of the knowledge of the owner about the danger that the dog posed. Under this law, it is much easier for the victim to prove the case against the dog owner. The chances for the defendant to win the case are very less.

The dog bite cases in California come under the strict liability rule and hence it is easy for the plaintiff to win a claim against the dog owner in case he suffered injuries from a dog bite. If you or your loved one has suffered a dog bite, seek the help of a dog bite attorney to make a successful claim against the dog owner.

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