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Personal Injury · Dog Bite Liability

Dog Bite Laws in Arkansas

Whether Arkansas holds a dog owner automatically liable, follows the one-bite rule, or takes a mixed approach, plus landlord liability and the main defenses.

Draft entry: classification pending source verificationBasis Common lawSource law.justia.com
Dog-bite liability · Arkansas
One-bite rule
To win you generally must prove the owner knew or should have known the dog had a dangerous propensity (the scienter rule), or that the owner was negligent, for example by letting the dog run loose. There is no automatic liability for a first bite.
BasisCommon law
Landlord liable?Rarely
Leading caseCommon law

How liability works in Arkansas

What the rule is, and what you must show.

What the victim must show
Either scienter (actual or constructive knowledge of a dangerous propensity, shown by a prior bite or aggressive conduct) or ordinary negligence in restraining the dog. Some counties and cities add their own strict-liability leash ordinances that can raise the standard locally.

Landlords & defenses

Who else can be liable, and what defeats a claim.

Landlord liability
Generally no. A landlord faces the same knowledge standard as the owner: they must have known of the specific dangerous propensity and had the ability to control or remove the dog.
Main defenses
No prior knowledge (no scienter)No negligenceProvocationTrespassing / comparative fault

An actual prior bite is not strictly required for scienter. Evidence that the owner knew the dog lunged, snapped, or acted aggressively can satisfy the knowledge element.

The full picture, with the source

Every field, and any recent development.

Liability modelOne-bite rule
BasisCommon law — scienter + negligence; Bolstad v. Pergeson, 305 Ark. 163 (1991)
What it coversEither scienter (actual or constructive knowledge of a dangerous propensity, shown by a prior bite or aggressive conduct) or ordinary negligence in restraining the dog. Some counties and cities add their own strict-liability leash ordinances that can raise the standard locally.
LandlordGenerally no. A landlord faces the same knowledge standard as the owner: they must have known of the specific dangerous propensity and had the ability to control or remove the dog.
Main defensesNo prior knowledge (no scienter) · No negligence · Provocation · Trespassing / comparative fault

What Arkansas dog-bite victims get wrong

Arkansas is one of the states with no general dog-bite statute, so liability comes from common law, which makes it a one-bite state. Two paths exist. The first is scienter: you show the owner knew, or had reason to know, the dog was dangerous, usually through a prior bite or aggressive behavior. The second is ordinary negligence, such as letting a dog run loose in violation of a leash rule. The Arkansas Supreme Court applied that negligence path in Bolstad v. Pergeson, holding an owner responsible when his at-large dog ran into a car, even though the dog had shown no prior dangerous streak. Because there is no statewide code section making owners automatically liable, the honest ceiling for this page is corroborated. Watch for local rules too: some Arkansas counties and cities layer on their own strict-liability leash ordinances that can be tougher than the common-law baseline.

Common questions

Is Arkansas a one-bite state for dog bites?

Yes. Arkansas has no general strict-liability statute, so liability follows common law: you generally must prove the owner knew the dog was dangerous (scienter) or was negligent in controlling it.

Do I need to show the dog bit someone before to win in Arkansas?

Not necessarily. A prior bite is the clearest proof of scienter, but evidence that the owner knew the dog lunged, snapped, or acted aggressively can also meet the knowledge requirement. A negligence claim, such as letting the dog run loose, is a separate path.

Can a local ordinance change the rule in an Arkansas dog-bite case?

Yes. Some Arkansas counties and cities have their own strict-liability leash ordinances. Where one applies, the standard can be tougher on the owner than the common-law one-bite baseline.

Is a landlord liable for a tenant’s dog bite in Arkansas?

Generally only if the landlord knew of the specific dangerous propensity and had the ability to control or remove the dog. That is the same knowledge standard the owner faces.

Leading case
No general dog-bite statute. Bolstad v. Pergeson, 305 Ark. 163 (1991)
Bolstad v. Pergeson (Ark. 1991) — leading case · law.justia.com
Draft: pending editorial review
Arkansas has no general strict-liability dog-bite statute; civil liability rests on common-law scienter and negligence. This record is corroborated by the leading case (Bolstad v. Pergeson) plus multiple 2025–2026 practitioner summaries. A human should confirm the case and an official self-help source before a verified byline. As a common-law state, Arkansas stays corroborated rather than statute, which is correct, not a defect. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

Dog-bite liability · other states