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How does Alabama’s “one bite” rule affect dog bite liability?

On Behalf of | Feb 3, 2025 | Dog Bites & Attacks

Dog bite laws vary across states, and Alabama follows a modified version of the “one bite” rule. This legal principle means that a dog owner may not be liable for a bite unless there was prior knowledge that the dog was dangerous. However, Alabama law also includes strict liability in certain situations, making it important to understand how these rules apply.

When owners are liable for dog bites

In Alabama, a dog owner is generally responsible for injuries if the attack occurs on their property or if the dog was at large due to the owner’s negligence. If the injured person was lawfully on the owner’s property—such as a guest, mail carrier, or delivery worker—the owner can be held strictly liable for medical expenses. However, those seeking damages must prove negligence to recover additional compensation like pain and suffering.

Proving prior knowledge of aggression

The “one bite” rule suggests that an owner may escape liability if their dog hasn’t shown aggression before. However, if there is evidence that the dog has previously bitten someone or acted aggressively, the owner may be considered negligent. Witness statements, prior complaints, or previous attacks can establish that the owner knew or should have known about the dog’s dangerous tendencies.

Exceptions and defenses to liability

Dog owners may not be liable if the injured person provoked the dog or trespassed on private property. If a person teases, harasses, or intentionally threatens a dog, the owner can use this as a defense. Additionally, Alabama law does not hold owners responsible if the attack happens in an area where the injured person was unlawfully present.

Seeking compensation after a dog bite

Individuals bitten by dogs can seek compensation for medical bills, lost wages, and emotional distress. It is essential to gather evidence, document injuries, and consult a legal professional to understand available options. Alabama’s dog bite laws can be complex, so taking action quickly can help protect legal rights.

Navigating dog bite laws can be challenging, but knowing your rights and responsibilities is crucial. Whether dealing with an injury or dog ownership, staying informed and seeking legal guidance when necessary can help ensure fair outcomes in these cases.