The “one bite” rule is a way to determine who is liable when an animal has hurt someone. It’s one of several theories of liability that are used in the U.S., which vary from state to state. Texas is a “one bite” rule state.
It’s a commonly used theory of liability
In most places in the U.S., there are statutes that tell you who’s to blame when a person’s pet bites someone else. The most common are strict liability, negligence or the “one bite” rule.
The rule gets its name from the idea that after the animal bites someone once the owner should know that it has the potential to do so again. Therefore, after the first bite, the law expects that they should take necessary precautions. It’s the owner’s responsibility from that point forward to prevent further incidents from happening, making them liable.
There are three things that must be shown to prove that the pet owner is liable for the dog bite injuries. The first is that animal has shown a tendency to harm or presents a danger to others.
Second, the person who owned the pet or was taking care of it should have been aware of how vicious the animal tends to act. And finally, you must show that the damage done to the injured party or their property was a result of the danger that the animal caused.
It applies to other types of aggressive behavior
This rule can be a misnomer because it doesn’t exclusively refer to bites. It also applies if a dog scratches or knocks someone over. The rule might even apply if the animal didn’t actually get their “one bite.” This can happen if the animal has shown other forms of aggressive, violent or otherwise dangerous behavior.
Keep in mind that it may be impossible for the bite victim to recover damages from their injuries if the pet’s owner is able to prove that the attack was provoked. The same goes for bite victims who were trespassing on the pet owner’s property.