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Holding a New York dog owner liable after bite

On Behalf of | Feb 24, 2022 | Personal Injury

Dogs have grown to mean so much more than a friend to their owner. They have become a pivotal part of the family. Even when residents in New York treat their dog like a family member, the reality is that they are still an animal that has animal instincts and behaviors. As such, dog bites could occur even by the most well-mannered dog, making it important that dog owners understand their responsibilities. Moreover, those harmed by a dog should understand the rights they have when it comes to address the harms and damages caused by a dog.

A dangerous dog

In the state of New York, a dangerous dog is defined as a dog that without justification attacks and injures or attacks and kills a person, service dog, farm animal or domestic animal. Furthermore, it is a dog that behaves in a way that would make a reasonable person believe that the dog poses and serious and imminent threat of serious injury or death without justification.

In contrast, a dog will not be deemed dangerous if the dog was justified in its attack. In other words, the victim of the dog bite was attempting to commit a crime against the dog owner or the victim was harming the dog or its puppies.

Dog bite laws in New York

Based on state statute, a dog owner is liable for a dog bite or attack if they are deemed to be a dangerous dog. In this case, the dog owner is only liable for physical and medical injuries. In order for a victim to secure damages for non-medical damages, he or she must prove that the dog owner was negligent.

In matters where a dog was previously declared dangerous and the dog owner’s negligence resulted in a serious injury caused by a bite, the dog owner could be convicted of a misdemeanor. This could result in up to 90 days in jail and a fine of up to $3,000.

A dog bite may seem like a minor incident; however, it could be a serious and tragic event. One could suffer significant physical injuries, while maintaining mental and emotional damages the rest of their lives. Thus, it is possible to seek compensation for these damages through a personal injury action. This help hold the dog owners liable for the injuries while also help the injured victim secure compensation for the losses suffered.



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