If you or a loved one were bitten by a dog, you are probably asking this question: Will the dog owner be liable for my injuries?
The obvious answer would be yes. However, that is not always the case, especially when New York’s dog bite laws come into play.
What does the one-bite rule mean?
According to New York’s one-bite law, a dog owner is only liable for their dog’s actions if they know about the dog’s vicious tendencies. The owner’s knowledge of their dog’s behavior is key to proving liability.
Generally, an owner knew or should have known that their dog’s prior behavior could lead to an attack if:
- The dog has bitten someone before
- The dog has been trained to fight
- The dog has shown aggressive behavior before, such as knocking people down or snarling
That said, the one-bite rule is not always a “free pass.” A dog does not necessarily need to bite someone before the owner can be accountable—prior viciousness or aggression may be enough reason for the owner to believe their dog may attack someone.
What is strict liability for dog attacks?
Aside from the one-bite rule, New York also employs strict liability for dogs deemed dangerous. Under this rule, an owner is strictly responsible for damages if they know or should have known that their dog is dangerous.
Similar to the one-bite rule, you can prove that the dog owner knows about their animal’s vicious tendencies by showing prior history of dangerous behavior.
However, if the dog has not been deemed “dangerous,” you can still seek damages by proving the owner’s negligence. For example, if the owner lets the dog off leash and it bites you, you may be able to sue them for carelessness.
What are the exceptions to these rules?
There are certain situations where these laws may not apply, meaning the owner might not be liable. These include but are not limited to:
- If the dog bites a trespasser
- If the victim provoked the dog into attacking
- If the dog has no prior history of attacking or vicious behavior
Furthermore, “dangerous behavior” is not always black and white. For example, a dog protecting itself or its young might not be considered dangerous if they are otherwise tame.
Should you seek legal help?
Dog bites can cause devastating injuries and even life-long scars. If someone else’s dog attacked you, consider talking to an attorney who can help you seek fair compensation.