Understanding the One Bite Rule in Arkansas

Dog bites often raise immediate questions — whose fault is it? Can you take legal action?

Unlike many states, Arkansas doesn’t have a simple dog bite statute. Instead, liability is built on case law and negligence principles, including the “one bite rule.”This guide explains what the one bite rule is, how it applies in Arkansas, and what it means for your potential claim.

What Is the One Bite Rule in Arkansas?

Arkansas does not have a specific statewide statute that imposes automatic liability on dog owners for bites. Instead, the one bite rule and common law negligence standards determine

when an owner can be held responsible.

Under this rule:

• An owner may be liable if they knew (or should have known) that their dog had dangerous tendencies or a history of aggression.

• A dog’s previous aggressive behavior — such as growling, snapping, or a prior bite — can establish notice that the dog was dangerous.

In other words, the injured victim must show both that the owner was aware (or should have been aware) of the risk and that the owner failed to take reasonable steps to prevent harm.

How Liability Works Without Strict Statutory Rules

Negligence and Dog Bites

Arkansas’s dog bite liability generally follows traditional negligence law. You must prove:

1. The owner owed a duty of care (to control the animal).

2. The owner breached that duty.

3. The breach caused your injury.

4. You suffered compensable damages (medical bills, lost wages, etc.).

Violations of local ordinances — like leash laws — can serve as evidence of negligence in court.

Strict Liability in Some Local Jurisdictions

In areas with local ordinances (such as in some counties), owners may be subject to strict liability for dog bites even if they had no prior notice of dangerous behavior. These local rules vary, so it’s important to consult a lawyer familiar with your city or county rules.

Common Defenses Dog Owners Raise

Dog owners may argue:

• Provocation: The victim intentionally aggravated the dog.

• Trespassing: The victim was illegally on the property at the time of the bite.

• Comparative fault: The victim’s own actions contributed to the injury. Arkansas follows modified comparative fault rules for personal injury claims, meaning a victim’s recovery may be reduced by their percentage of fault or barred entirely if their fault is 50% or more.

What This Means for Your Claim

Understanding the one bite rule and Arkansas dog bite law helps you:

• Know when you may have a valid claim.

• Gather evidence of prior animal behavior and owner knowledge.

• Identify local ordinances that could strengthen your case.

An experienced attorney can help investigate past incidents, local animal control reports, and other evidence that establishes notice and negligence.

Animal bites can cause serious injuries — physically, emotionally, and financially. If you’ve been bitten by a dog or other animal in Fort Smith or anywhere in Arkansas, contact Votaw Law today for a free consultation to understand your rights, options, and how to pursue compensation.