Paralegal Certification PrepTorts and Property LawEasy
A dog owner takes their well-behaved golden retriever to a public park. While playing fetch, the dog unexpectedly lunges at a child, biting their arm. The dog has no history of aggression, and the owner always keeps it on a leash and supervises it closely. In a state that follows the 'one-bite rule,' what would be the most likely outcome for the owner's liability?
- AThe owner is not liable because they had no prior knowledge of the dog's vicious propensity.
- BThe owner is liable due to negligence for not anticipating the unpredictable behavior.
- CThe owner is strictly liable because it occurred in a public park.
- DThe owner is partially liable under comparative negligence principles.
Show answer & explanationAnswer & explanation
Correct answer: A. The owner is not liable because they had no prior knowledge of the dog's vicious propensity.
Under the 'one-bite rule,' an owner is generally not liable for the first bite or attack by their dog unless they had prior knowledge of the dog's vicious propensities. Since the dog had no history of aggression, the owner would likely not be held liable.
Why the other options are wrong
- B. Negligence would require a breach of duty; under the one-bite rule, merely owning a dog without known viciousness isn't considered negligent for a first bite.
- C. Strict liability for dog bites varies by state; the 'one-bite rule' is an alternative to strict liability.
- D. Comparative negligence applies to reduce damages when both parties are at fault, but here the primary issue is the owner's initial liability under the rule.
One-Bite Rule
A common law principle regarding animal liability where an owner is not liable for injuries caused by their domestic animal unless they had prior knowledge of the animal's dangerous or vicious propensities.
- Applies to domestic animals (e.g., dogs, cats).
- Owner must have knowledge of prior vicious behavior.
- Many states have replaced this with strict liability statutes for dog bites.
Memory trick: One Bite Knows No Strict Negligence.