Rhode Island Dog Bite Lawyer
Rhode Island’s dog bite statute, R.I. Gen. Laws § 4-13-16, imposes strict liability upon dog owners under certain circumstances. Specifically, the owner will be held strictly liable for any injuries their dog causes to another person while the dog was not confined within its “enclosure,” which generally refers to the owner’s property. One unique feature of Rhode Island’s statute is that it allows the victim to recover twice the amount of claimed damages if, after the first bite, the same dog inflicts any damage to a person again.
If the injuries occurred while the dog was inside of its enclosure, the state’s courts have ruled that victims can recover damages under the “one-bite” rule or under a negligence claim. Under the one-bite rule, a victim would have to prove that the owner knew or should have known that the dog had dangerous propensities. If the owner lacked such knowledge, or if such knowledge cannot be proven, the victim can pursue a negligence claim. To establish negligence, it must be shown that the owner owed the victim a duty to exercise reasonable care in controlling the dog and/or preventing it from injuring others, the owner breached that duty, and the victim’s injuries were proximately caused by this breach.