accidents and injuries

one-bite rule

Definition

A rule that says that the owner of a domesticated animal (e.g., a dog) will be held strictly liable for injuries caused by the animal only if the owner knew or should have known about the animal’s dangerous or vicious propensities, which have been manifested in the past. The burden of proof is on the injured party to show that the animal owner possessed this knowledge. The “one-bite” rule originated in common law and has been rejected or modified by most states, either by statute or by case law, with regard to dogs.

 

attractive nuisance

Definition

A dangerous condition on a landowner’s property that may attract children onto the land and may involve risk or harm to their safety. Because child trespassers may not appreciate the risks that the dangerous condition poses, landowners have the duty to either eliminate that danger or make it inaccessible to trespassing children.

 

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