Each year, thousands of dog bite incidents highlight the importance of dog bite laws in safeguarding public health and safety. New York dog bite law involves strict liability for medical costs and the one-bite rule. The following explains these laws and what they mean for dog owners and bite victims.

Overview of New York Dog Bite Law

New York’s dog bite laws aim to protect victims while considering the circumstances of each incident. These local laws cover county, state, and city regulations, highlighting the importance of understanding rights and responsibilities for both victims and dog owners.

New York’s legal landscape is unique, combining the one-bite rule with strict liability principles and strictly liable aspects, as dictated by state law. Understanding these aspects is crucial to grasp how dog bite cases are handled in New York.

Mixed Legal Framework: One-Bite Rule and Strict Liability

New York’s dog bite regulations combine the One-Bite Rule with Strict Liability, distinguishing it from many other states. Historically, New York followed the “one free bite” rule, requiring proof of prior incidents to establish owner liability. Under this rule, a dog owner may not be liable for a first-time bite if unaware of the dog’s dangerous tendencies.

However, New York law imposes strict liability for medical and veterinary costs from a dog bite, including medical costs resulting from a victim’s injuries. This means that even a first-time bite makes the owner financially responsible for the victim’s medical costs. This dual approach balances owner protection with prioritizing victims’ immediate medical needs.

Defining Dangerous Dogs in New York

In New York, a dog is classified as a dangerous dog if it has attacked an unprovoked person or another animal, particularly if it has a known vicious propensity. An unprovoked attack is crucial in determining if a dog is dangerous. The responsibility to prove this lies with the petitioner, placing the burden of proof on the victim or their representative.

Understanding this classification is essential for dog owners. Once a dog is deemed dangerous, the owner faces stricter regulations and potential liabilities, including specific containment measures and higher insurance premiums.

Responsibilities and Liabilities of Dog Owners

Dog owners in New York must ensure their dogs do not pose a threat to others. They are responsible for ensuring that their dogs are handled in a manner that they do not pose a danger to anyone, whether out in public or even in the privacy of their own home.

Dog owners must also understand their legal obligations regarding dog bites, including reporting incidents and covering medical costs. Failure to meet these responsibilities can lead to substantial dog bite liability and financial consequences.

Reporting and Managing Biting Incidents

Dog owners must promptly report biting incidents to local authorities, such as the New York City Department of Health and Mental Hygiene. Reporting ensures the incident is documented and appropriate measures are taken to prevent future occurrences.

Consequences for Owners of Dangerous Dogs

Owners of dangerous dogs may face fines and possible criminal penalties if their dog injures someone. If a dog causes death, the owner can be charged with a misdemeanor, facing up to 90 days in jail and a $1,000 fine. Penalties vary based on the seriousness of the injury caused by the dog.

Once a domestic animal is declared dangerous, the owner of a domesticated animal must comply with stricter regulations, such as proper confinement and potentially increased insurance coverage. Failure to adhere to these regulations can lead to further legal and financial repercussions.

Typical Dog Bite Injuries

Dog bites can cause a range of injuries, from minor to serious injury. Common injuries include lacerations, puncture wounds, torn tendons, sprains, strains, broken bones, concussions, and traumatic brain injuries (TBIs). Depending on the type of, and severity of the injury, it can result in significant pain, medical expenses, and long-term physical and emotional impacts.

Infections, rabies, and other animal-transmitted viral diseases are also concerns following a dog bite. Prompt medical attention is essential to address these potential complications and prevent further health issues.

Legal Recourse for Dog Bite Victims

Victims of dog bites in New York can pursue compensation by filing a personal injury claim against the responsible parties. New York law allows victims to pursue negligence claims in dog bite cases if the owner did not act with reasonable care. Consulting a New York dog bite lawyer can help victims navigate the legal process and achieve the best outcome.

Victims must understand their legal options, including the potential to sue the owner for compensation. This compensation can cover medical expenses, lost wages, and other damages resulting from the bite injury.

Importance of Evidence and Documentation

Collecting documentation is essential for dog bite victims to support their claims. Important documents include medical records, photographs of injuries, and witness statements. These pieces of evidence substantiate the victim’s narrative and strengthen their case.

Witness statements, in particular, provide an unbiased account of the incident, which is valuable in legal proceedings. Gathering all relevant convincing evidence can significantly impact the outcome of a dog bite case.

Filing a Personal Injury Lawsuit

Dog attack victims in New York can file a personal injury lawsuit against the dog’s owner or responsible parties. Filing a lawsuit involves legal procedures to seek financial reparation for injuries sustained.

Proving negligence in controlling the animal is key for a successful lawsuit. This includes showing that the owner’s carelessness led to a failure to take reasonable steps to prevent the attack, which can lead to legal action even if the dog has no prior history of aggression.

Defenses Available to Dog Owners

Dog owners have various defenses they can use in dog bite cases. If the dog was provoked or defending itself, owners may avert liability. Certain circumstances may also exempt dog owners from liability under New York law. Owners can argue that they had no prior awareness of their dog’s aggressive tendencies.

By proving that reasonable efforts were made to control the dog, owners can mitigate their liability. The One-Bite Rule offers some protection, as an owner may not be immediately held liable if the dog has no history of aggression.

Provocation and Trespassing

If a victim provokes a dog through torment or abuse, the owner may not be held liable for the bite. Dog owners typically escape liability if the bite occurs while the victim is trespassing. Provocation can significantly influence whether a dog owner is liable, especially when considering the dog’s vicious propensities.

These defenses highlight the importance of context in dog bite cases, including any aggravating circumstances. Understanding the circumstances surrounding the incident can significantly impact the legal outcome. A legal expert who understands dog bite cases can provide valuable insights.

Statute of Limitations for Dog Bite Claims

In New York, dog bite claims must be filed within a specified time frame to ensure legal recourse. Generally, the time frame is three years from the incident. Exceptions to the three-year statute may apply for minors or if the injury is not immediately apparent.

Understanding these time limits is crucial for victims to ensure they do not miss the opportunity to seek compensation. Prompt action is necessary to preserve evidence and strengthen the case.

Insurance Coverage for Dog Bite Incidents

Homeowners’ policies in New York typically provide liability insurance, up to a certain amount, that covers injuries caused by dog bites. However, coverage can vary significantly based on the policy. Some insurers may exclude specific dog breeds, when deemed dangerous, from their coverage.

Dog bite insurance is also available with stand-alone policies, providing additional options for dog owners to protect themselves financially. Understanding the details and limitations of these policies is crucial for both owners and victims.

Contact a Dog Bite Attorney

If you or a loved one has been bitten and injured by someone else’s dog, you may have a legal claim. Nicholas E. Tzaneteas is a leading New York City, Bronx, Brooklyn, Queens, and Manhattan dog bite lawyer, helping injury victims recover the compensation they deserve.

Seeking legal assistance promptly can ensure your rights are protected and you receive the best outcome. Call us for a free consultation.

Frequently Asked Questions

What should I do if I am bitten by a dog in New York?

If you are bitten by a dog in New York, it is crucial to seek immediate medical attention, report the incident to local authorities, and collect evidence such as medical records and witness statements. Prompt action is essential to ensure your safety and establish a record of the incident.

What is the one-bite rule in New York?

The one-bite rule in New York indicates that a dog owner may not be held liable for a dog’s first bite if they had no prior knowledge of the animal’s aggressive behavior. Therefore, awareness of a dog’s temperament is crucial in determining liability.

How long do I have to file a dog bite claim in New York?

In New York, you typically have three years from the date of the dog bite incident to file a claim, although exceptions may apply for minors or delayed injuries.

Are there any defenses available for dog owners in dog bite cases?

Yes, dog owners may have defenses such as provocation, trespassing by the victim, and lack of prior knowledge of the dog’s aggressive behavior, which can help reduce their liability in dog bite cases.

Does homeowners’ insurance cover dog bite incidents?

Homeowners’ insurance typically covers liability for dog bite incidents; however, the specifics of the coverage may vary by policy and provider. It is advisable to review your individual policy to understand any limitations or exclusions.

Dog bite liability occurs when a dog attacks and injures an individual and the owner of the dog is found responsible. The dog owner, according to the majority of state laws, is strictly liable for damages for injuries to persons or property caused by the animal and which the owner could have prevented.

About 4.5 million people are bitten by dogs each year, with most of the victims young children.

Dog Bite Laws Vary from State to State

In 29 states, dog owners are liable for injuries caused by their pets, with very few exceptions. Some states even have a dog bite statute in place, in which the “one bite rule” is invoked to protect repeated cases of injury.

In general, laws are in place to protect the rights of the injured person. When a dog viciously attacks a person, unprovoked, and they are injured, the liability for any medical expenses or other expenses (such as property damage if that occurs as well) pertaining to the attack falls mainly on the dog’s owner.

The dog owner may wind up paying out-of-pocket if uninsured or underinsured. Insurance coverage is available with some insurance companies only insuring certain domestic animals while others require many dog owners to sign liability waivers specific for dog bites. Some insurers even go as far as to charge more to owners of what are considered “dangerous” breeds, such as pit bulls and Rottweilers, while some companies decline to offer insurance to owners of what they consider a dangerous dog, capable of such viciousness.

Instances Where the Owner May Be Deemed Not at Fault

The owner may have recourse if the bitten person’s negligence contributed to the attack, such as being involved in a provoking act that triggered the dog. The person bitten may be deemed at fault if they were trespassing on private property when the injury occurred, or there is reasonable suspicion that they were attributing to their dog bite injuries and any damages suffered during the biting incident.

The Dog Should Be Kept Necessarily Secure

The owner, however, could be deemed responsible if they did not maintain reasonable control of their dog and failed to keep the animal reasonably secure, or the incident occurred in a public place or lawfully, the victim was not trespassing on the property of the owner when the unprovoked injuries occurred.

What to Expect If You’re Bitten By Someone’s Dog

In New York, for example, the courts have imposed strict liability on the animal’s owner for any injuries inflicted by his or her dog provided that the victim can establish that the dog acted in a vicious manner and the owner knew, or should have known, that their pet was prone to have vicious propensities or displayed former viciousness. 

Seek Treatment, Whether or Not You Think It’s Necessary

If you happen to fall victim to a dog bite, you should provide first aid treatment for the bite as soon as possible. It’s also prudent to see a physician as soon as possible, especially if you’re unfamiliar with the dog that bit you, or if the bite causes a deep wound or you’re unable to stop any bleeding that occurs.

You should also look for any obvious signs of infection (redness, swelling, or pus in the area of the wound). Dog bites can cause infections that generally need medical treatment, or antibiotics.

Take Immediate Action if Injured

If you decide to care for a dog bite injury at home, perform the following:

• Place a clean towel over the injury in order to stop any bleeding
• Attempt to keep the area that was injured elevated
• Carefully wash the bite area with soap and water
• Apply a sterile bandage to the wound after cleaning, and
• Apply antibiotic ointment to the injury (to prevent infection)

Most importantly, get any information you can about the residence where the dog lives, the owner’s name and any other pertinent information you can obtain (contact number) including if the dog was given required shots. If you have serious injuries, contact an attorney and provide a detailed account of the incident.

Bites Can Lead to Serious Injuries

Animal bites and scratches, even those that appear to be minor ones, can often lead to complications if not properly treated. Whether or not you know the animal responsible for the injury, scratches and bites that occur can lead to infection or, in some cases, carry diseases, such as rabies.

Kids are given tetanus shots to aid in the prevention of a tetanus infection, provided the shots given are up to date. Adults can suffer the same results if bitten as well, so it’s important to see a doctor whenever someone is bitten by a dog, regardless of the circumstances.

Medical Expenses Can Be Quite High

If you, or someone you know, has fallen victim to an unprovoked attack by a dog, you should receive the financial compensation that you or they deserve for any related injuries. This should include, but is not limited to, the following:

• Medical expenses related to injuries
• Any physical or emotional pain and suffering
• Future medical costs (physical therapy or long-term care)
• Temporary or permanent disabilities
• Disfigurement requiring surgery
• Punitive damages
• Lost wages and/or loss of potential earnings

What’s Your Legal Course of Action the Event of a Dog Bite?

Victims of dog bites are often eligible for financial compensation, and are best aided in receiving proper compensation when they enlist the services of a professional personal injury lawyer.

An experienced lawyer, and preferably one with previous cases regarding dog liability, can help you to navigate your way through a dog bite lawsuit. A lawsuit of this nature is typically filed against the dog owner or its handler, which may include property owners and landlords (if the victim is a tenant) as well.

If you experienced an injury sustained from a dog in the NY area, you have specific legal rights and should contact the law firm of Nicholas E. Tzaneteas, a premier personal injury attorney We are experienced in Brooklyn and New York dog bite cases, and maintain a confidential relationship with our clients. Our personal injury attorneys will successfully navigate the complex issues often involved in these particular types of cases, and help you secure the financial compensation you deserve.

Most people associate dogs with love, affection, and companionship. While this sentiment holds true for dogs and their owners, the truth is that dogs are animals, and they are capable of inflicting damage and injury should they feel threatened. In the unfortunate event of a dog bite, it’s critical to take the right steps to document, report, and recover from the incident. By being thorough and collecting the necessary information at the scene, you can ensure you have a case for a NYC Dog Bite Attorney. 

What Causes a Dog Bite?

Even people with the best intentions might put themselves at risk of a dog bite. Provoked dogs could bite for the following reasons:

• Threats- A dog might instinctively protect his owner, his space, and his food. 
• Fear- A dog that doesn’t trust a person or stranger can react negatively, especially if they are startled.
• Illness- A dog that isn’t feeling well might want to be left alone.

What Steps do I Take Immediately After a Dog Bite?

First, give the dog space and examine your injuries. If you only suffered minor injuries, such as a scrape or a knick, rinse the area with gentle soap and warm water and apply antibiotic ointment and a bandage. If the injuries are worse, or you’re bleeding, call 911 or seek medical attention immediately. 

Gather Important Details

Arguably the most important part of the aftermath of a bite is to collect the dog’s details. Write down the owner’s name, the dog’s name, ask if the dog is vaccinated (to address the concern of rabies), take a picture of them if possible, and write down the facts of the incident. Whether or not the owner admits fault, this documentation process is critical for your case.

While you may be frazzled and have adrenaline pumping, it’s always wise to take photos of the injuries. These images can benefit you when filing a police report, an insurance claim, and for your lawyer. Be sure to take pictures of any wounds, bruises, torn clothing, broken items, scratches, and bite marks. 

Report the Incident

If the injuries sustained were severe, it’s vital to file a report with the appropriate city and county authorities. If the dog attacks again, this will provide a paper trail for your case and future ones. If the county deems the dog dangerous after his track record, police can act accordingly. 

It’s also important to note that simply reporting a dog bite doesn’t mean the dog will be euthanized. In fact, the dog won’t earn a “dangerous dog” label with one bite. Reporting the bite ensures your case is taken seriously and that the owner is accountable for his or her dog’s actions.

Call a Dog Bite Lawyer

Injuries from a dog bite can result in the following:

• Sprains & fractures
• Broken bones
• Rabies
• Puncture wounds 
• Lacerations
• Neck and back injuries

While each case varies, dog bite injury victims may be eligible for compensation for:

• Medical expenses

• Physical and emotional pain and suffering

• Expenses associated with physical therapy or long-term care

• Temporary and permanent disabilities

• Disfigurement

• Punitive damages

• Lost wages/loss of earning potential

Superficial injuries heal, but more severe and unseen effects can manifest themselves over time. Emotional trauma and phobias can develop, often requiring professional assistance to intervene to allow you to fully recover and walk the streets of NYC without the fear of the incident repeating itself. 

If you or someone you know has sustained a dog bite injury in New York City, you have legal rights and recourse. Let the law offices of Nicholas E. Tzaneteas navigate the complicated legal landscape regarding animal bites, premise liability, and medical reimbursement on your behalf. Call our premier attorneys today at (718) 704-5519 to speak with an experienced dog bite lawyer regarding your case.  

Being attacked by an animal can be a terrifying and traumatizing experience. If you’ve been bitten by a neighbor’s dog and injured, you may have a claim for damages for pain and suffering. You must contact a dog bite personal injury attorney right away for assistance and to see if you have a case.

Dog and other animal bites and attacks are a part of law known as personal injury, which, according to FindLaw, are “legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed.”

Yes, you can sue your neighbor on the basis of being injured by their pet. People have suffered debilitating and deforming injuries from animal attacks, and it can be difficult for those people who have never been hurt by a pet to understand how scary and damaging it can be. You may hear “a dog bite” and picture a small bite mark, or even no marks. But being attacked by an animal can leave permanent injuries.

Some common injuries from dog attacks include:

• Lacerations
• Puncture wounds
• Rabies or other animal-carried diseases
• Sprained or dislocated joints
• Broken bones
• Torn and ripped tendons
• Muscle strain
• Face and eye injuries
• Concussion and traumatic brain injuries
• Neck and back injuries

Some dog bite injuries can have long-term consequences, such as brain, nerve, and muscle damage, and can have unseen effects that are not discovered until a later time. Muscle, tendon, and nerve, injuries can present themselves in different and hard-to-identify ways.

Those physical injuries do not address the mental and emotional trauma which can occur when attacked by a vicious animal. It can make leaving the house difficult, and may require mental health professionals to assist you with your fears and trauma. You can develop lifelong phobias and fears of animals, which can keep you from living a full life.

If you have been bitten by a dog you need an experienced and reliable New York City dog bite lawyer who can help you navigate the legal world and get you the justice you deserve. You need personal injury attorneys who truly understand the complicated laws surrounding animal bites and premises liability.

When filing a dog bite lawsuit, you may be able to get compensation for:

• Medical expenses
• Coverage for any ongoing physical or occupational therapy
• Physical pain
• Emotional suffering
• Damages
• Lost wages from missing work due to your injuries
• Permanent disabilities
• Disfigurement

In New York, the dog bite statute does not completely adhere to the “one-bite rule” or strict liability, but is actually a mixture of both. Basically, dog owners are strictly liable for medical and veterinary costs when their dog attacks a neighbor or someone on the street, but there are limitations when it comes to proving damages. The pet owner can be held liable for damages like pain and suffering and lost wages, but only if you are able to prove that he or she knew their dog was dangerous before the dog attacked you, and did not take the proper precautions to prevent their pet from attacked anyone.

If you, as the victim, can prove that the owner knew the dog was previously dangerous to you and others, then you will be able to be compensated in higher amounts. But proving that the owner had knowledge of the animal’s vicious propensities can be very hard to establish and prove.

USLegal defines, vicious propensity as “the tendency of an animal to do any act which might cause danger to the safety of persons and property of others in a given situation.”

Due to New York’s statute, even if the animal has previously bitten someone else, more evidence may be needed. For example, posting “Beware of Dog” signs has been shown in previous court cases to not be sufficient evidence of an owner’s knowledge of their animal being vicious, as well as dogs barking as passers-by while chained up. But the violent nature and even severity of the attack on you and on previous victims can help determine if the dog showed vicious propensities.

In New York City, it is also possible to sue your landlord for a tenant’s vicious animal, if the landlord was aware of the dog being dangerous when they rented an apartment to the owner. This applies even if you were attack outside of your building. The New York State’s Department of Agriculture and Markets has stated that a dog is considered dangerous if they “attack and injure a person or animal without justification and behaves in a manner which a reasonable person believes poses a serious and unjustified threat.” It is important to note the use of the word “unjustified” here. If you or any victim provoked an attack with taunting or hurting an animal or in any other way provoked an attack by the animal, then the animal may not be considered dangerous.

Consequences of owning a dangerous dog in New York City can include a fine, which the amount of depends on several factors, such as the severity of the injury, whether they attacked a human or another animal, and if they have injured anyone previously.

If you or a loved one has been attacked by a neighbor’s dog, you may be eligible for compensation for your injuries and damages. Reach out the the Law Offices of Nicholas Tzaneteas immediately to speak to a qualified dog bite lawyer today.