Is a dog put down if it bites someone? The Ultimate Guide

What Is the “One Bite” Rule for Dogs?

Sometimes referred to as the “One Free Bite Rule,” this principle means that owners may not be liable for damages caused by a dog’s first bite.

The thought behind the legislation is that dogs are animals, and animals are unpredictable. Under this principle, a dog must have an established history of bites (meaning more than one instance) to put its owner at risk of criminal or financial penalties.

But in the event of a subsequent bite, you can be held responsible since you knew what your dog was a potential bite risk.

But this is not a universal legal principle in the United States — some states embrace such laws, while others do not. States without “one bite” laws are known as strict liability jurisdictions, meaning that you may suffer legal ramifications following any bite — whether it’s your dog’s first or not.

One bite laws do still exist in several states, including Texas, New York, and Virginia, but the legal particulars involved may vary.

For instance, in New York, the rule applies to criminal charges, but you can still be on the hook for lawsuits following your dog’s first bite. And one-bite rules aren’t always “air-tight defenses” either, as you may still be held liable if it can be proven that you knew your dog was aggressive.

Most states have adopted strict liability laws, deeming owners responsible for all bites, including the first. These strict liability laws may sound harsh, but they are designed to make it possible for bite victims to receive compensation for medical or veterinary bills if they or their pets are attacked by a dog.

What Happens When Your Dog Bites Someone?

Laws and procedures vary by location, but for the most part, dog bites are handled similarly around the US.

Most commonly, the sequence of events following a bite will follow this basic pattern:

Someone will report the bite. Dog bites should be reported to the local health department — it may even be legally required in some locations. If the injured person was treated at a doctor’s office, urgent care, or hospital, this is usually done by the medical staff. It is probably a good idea to speak to an attorney before reporting the bite yourself, but ultimately, the bite needs to be reported.

The dog’s rabies vaccination status will be verified. A public health official will reach out to you (or your vet) for proof of your dog’s up-to-date rabies vaccination. If this cannot be obtained, your dog will be seized and placed into a mandatory quarantine period to be observed for signs of rabies, typically at a local animal shelter.

Your dog may be confiscated and impounded. In some cases, your dog may be confiscated by reporting authorities until an investigation can be completed. The more severe the bite was, the more likely your dog will be (at least temporarily) confiscated.

An investigation may take place. Local authorities may investigate the incident if the bite caused severe bodily harm or occurred during the commission of a crime. During this time, they will determine what (if any) criminal charges are warranted and if special actions are needed, such as designating that your pet is a dangerous dog.

A judge or other authority will make a determination regarding your dog’s future. Once the investigation is completed, local officials will decide the most appropriate outcome. This may include fines, criminal charges, loss of ownership, or euthanasia.

Civil action may occur after this point, essentially meaning that the victim may take you to court seeking damages.

In most cases, dog bite incidents rarely go beyond the first two steps, but it’s always a good idea to consult a lawyer to navigate the legal environment. It’s also a good idea to document the incident details and gather witnesses, if applicable.

Will a Dog Be Euthanized for Biting Someone?

Determining whether or not your dog will be euthanized after biting someone is a complicated matter, and there is no one-size-fits-all answer to the question.

Laws vary by state, county, and sometimes even by city. Outcomes differ from case to case, as well.

But while it’s possible that your dog could be euthanized for biting someone, it just isn’t very common.

Several factors will play a part in determining the ultimate outcome for your dog:

Was this your dog’s first bite? In most jurisdictions, euthanasia is only considered as an option for dogs who’ve been involved in two or three serious bite incidents. In the majority of situations, a dog will not be put down for a first bite.

How severe was the bite? If your dog caused significant bodily injury or death, euthanasia will be more likely, simply in the interest of public safety, if nothing else.

Has your dog been improperly trained or received training involving protection or bite work? Dogs trained to guard, attack, kill, or fight may be deemed dangerous enough to warrant euthanasia.

What breed is your dog? Unfortunately, stigmas still exist, and certain dogs can be euthanized after a bite because of their breed alone, including pit bulls, shepherds, Akitas, and Rottweilers.

Just understand that euthanasia isn’t automatic for dogs who fit one of these parameters — it’s often a “big picture” thing. Suffice to say, euthanasia is far more likely for a German shepherd who’s inflicted several severe bites than it is for a Labrador who delivers a minor nip for the first time.

Do note that in the extremely rare event of a rabies infection, euthanasia is the only option, as rabies is incurable once symptoms have appeared.

Dog bites — even relatively minor ones — may lead to serious legal and financial repercussions for you and your pet. And, as we’re discussing here, your pet’s very life may even hang in the balance.

Accordingly, you’ll want to reach out to an attorney immediately following any dog bite and heed the advice provided. It’s the best way to achieve the best possible outcome from this point forward.

What Happens if my Dog Bites Someone? A Legal Perspective