Is Mississippi a One-Bite State?
Mississippi is a one-bite state when it comes to dog bite claims. But what exactly does this mean for your case?
Generally speaking, most states follow one of two dog bite rules: the one-bite rule and the rule of strict liability. Under the one-bite rule, victims must prove that the dog owner had knowledge of or reasonably should have had knowledge of the dog’s history of biting/aggressive behavior or the dog’s propensity to bite/act aggressively, even if it had never actually bitten anyone in the past. The victim must then prove that the owner failed to take reasonable measures to control the dog and/or prevent it from causing injury in order to bring an injury claim. In this way, dog bite claims in one-bite states operate in much the same way as standard personal injury claims.
In contrast, in strict liability states, dog owners are generally always liable for bites and other injuries caused by their dogs, regardless of whether or not the owner knew or had reason to believe the dog might be aggressive and regardless of whether or not the owner took reasonable precautions to prevent their dog from harming anyone. In strict liability states, dog owners have few defenses, but two common ones include cases in which the victim was trespassing and those in which the victim provoked the dog.