Is it always strict liability? You mentioned dogs were excluded
from the livestock rule. Right dog bites are treated
differently and it varies a lot by state.
This is a classic bar exam distinction.
Some states follow the old common law one bite rule, the.
Dog gets one free bite. Sort of figuratively speaking.
Under that rule, the owner is generally only strictly liable
if they already knew or had reason to know of the dog's
dangerous propensities. That first bite, or maybe prior
snarling or snapping, serves as the notice to the owner.
Without that prior knowledge, the plaintiff would likely have
to prove negligence. But not all states do that.
No. Many states, including big ones
like California, have abolished the one bite rule by statute.
In those states, you can hold a dog owner liable no matter how
passive the dog's behavior had been up until the bite.
Wow so first time the dog ever shows aggression.
Owner is still strictly liable. In those jurisdictions, yes, it
makes it much easier for victims to recover.
You just need to prove ownership, the bite and damages.