A professional dog walker was hired to walk a client's highly trained but notoriously aggressive Rottweiler. Despite the dog walker's extensive experience and adherence to all safety protocols, the dog unexpectedly lunged and bit a passerby, causing severe injury. The passerby sued the dog walker. In a jurisdiction that follows the 'one bite rule' for domestic animals, which of the following is the most likely outcome?
- AThe dog walker will be found negligent for failing to control the dog.
- BThe dog walker will be liable only if the client failed to warn about the dog's aggression.
- CThe dog walker will be held strictly liable due to the dog's known aggressive tendencies.
- DThe passerby's claim will likely fail unless proof of prior biting incidents is shown.
Show answer & explanationAnswer & explanation
Correct answer: D. The passerby's claim will likely fail unless proof of prior biting incidents is shown.
Under the 'one bite rule,' an owner or keeper of a domestic animal is generally not strictly liable for the animal's first bite, unless they had prior knowledge of the animal's dangerous propensities (i.e., 'scienter'). Without evidence of prior biting incidents, it's difficult to prove such knowledge. The dog being 'notoriously aggressive' may be circumstantial evidence, but typically, a prior bite or explicit warning is required in 'one bite' jurisdictions.
Why the other options are wrong
- A. Negligence is a separate theory, and the question specifically asks about the 'one bite rule' context, which relates to strict liability.
- B. While a warning is relevant for negligence, the 'one bite rule' centers on the owner's knowledge of the animal's prior dangerous behavior, not just a general warning.
- C. Strict liability for domestic animals under the 'one bite rule' requires knowledge of dangerous propensities, usually evidenced by a prior bite, not just general aggression.
Strict Liability for Animals (One Bite Rule)
A rule stating that owners of domestic animals are strictly liable for injuries caused by the animal only if they knew or should have known of the animal's dangerous propensities (e.g., a prior bite).
- Applies to domestic animals (not wild animals).
- Requires proof of owner's knowledge of animal's vicious or dangerous propensities.
- Often called the 'one bite rule' because a prior bite serves as strong evidence of such knowledge.
Memory trick: Wild animals are ALWAYS wild; domestic animals get ONE chance.