Despite popular belief, dog bite incidents are surprisingly common. In fact, there are more than 4.5 million dog bite incidents per year in the United States, according to the American Veterinary Medical Association. Over 800,000 of these bite cases require medical treatment (via the CDC). States have different laws governing dog bites, which dictate whether or not a dog owner can be sued for damages after an incident. In the state of New York, legal action against a dog's owner or caretaker may be taken in specific situations. However, the extent to which the plaintiff is compensated depends heavily on the specifics of the incident in question.

For example, if a dog has a history of aggression and/or attacks and is deemed "dangerous", the victim of a bite can sue for compensation but not the same if the dog has no history of violence. It's important to remember that in New York, you can file a lawsuit not just for injuries to a human caused by a dog, but also for injuries to other domestic pets and livestock.

In situations where a dog has attacked you and caused injury, you may have questions about your legal rights. This is normal and we are here to help. Brandon J. Broderick, Attorney At Law, can consult with you, free of charge, to determine what your rights may be and what legal options you may have.

"Dangerous Dog" Statute in New York

If your dog bites someone in New York, you could be held legally responsible under the state's statutes, but there's some specific rules. The "dangerous dog" statute states that if a dog has been determined to be "dangerous", the owner holds liability in the event that the dog injures someone or attacks livestock or another pet. This isn't limited to dog bites. If a person is injured when a dog pushes them over, the same rules apply.

Criteria for Identifying a "Dangerous Dog"

Section 123 of the New York Agriculture and Markets Law defines a "dangerous dog" as one that meets the following criteria:

• bites or attacks a person, injuring or killing them without being provoked (This also applies to livestock or a domestic pet).
• acts in a way that a person believes the dog poses a "serious and unjustified imminent threat of serious physical injury or death."

Police dogs, who are acting in the line of duty, are an exemption to this law.

When is A Dog Owner Not Liable in a Dog Bite Case?

The owner of a dog is not legally responsible for injuries a dog may cause in certain situations. If any of these things happen, the owner may be exempt from liability:

• If someone provoked the dog before it attacked
  If the dog had been provoked and attacked, the owner will not be responsible for damages. This includes abuse and torment.

• If the dog attacked someone who was trespassing on the owner's property
  The owner may not be on the hook for damages if someone was attacked and injured by their dog while trespassing on his or her property.

• If the dog was acting in defense of its owner or puppies
  The owner may be exempt from liability if the dog was acting in self-defense to protect its master, its litter, or a member of the household.

New York's Dog Bite Laws

The two important laws to remember governing dog bites in New York are the "one-bite rule" and "strict liability." One of these two are commonly used in states across America, but not both. New York, however, is a bit unconventional. It is considered a "mixed" state and it allows for either law – where appropriate – to be applied in a dog bite case.

What is "Strict Liability"?

"Strict liability" refers to incidents where the dog that bit someone had already been designated "dangerous." Any dog whose actions would cause a reasonable person to fear for his or her safety would be classified as "dangerous". The dog's owner is accountable for all medical and/or veterinary bills incurred as a result of a dog bite if the animal has a history of attacks or that it wasn't the first time the dog has bitten a person or another animal.

The One-Bite Rule

A dog's owner may not be liable for injuries caused by the dog if it had never bitten anyone before. This is known as the "one-bite rule". If this rule is applied, the dog is exempt once, but additional bites could result in legal consequences for the owner. However, just because it's the dog's first bite doesn't mean the owner is in the clear. The owner may be held liable for damages if the claimant can show that the injuries were due to the dog owner's negligence.

Negligence could be argued if a dog attacked someone because its owner did not restrain it; or if the dog has a history of aggression and the owner was negligent.

What Compensation Can Be Recovered in a New York Dog Bite Claim?

Damages for injuries and veterinary bills (if livestock or a domestic pet was hurt) are costs that can be recovered if a dog has been deemed dangerous or has a history of aggression. This is for injuries sustained only.

You'll need to prove the owner's negligence if you want to seek damages for pain and suffering or lost wages, for example. Simply put, if you are unable to establish the owner's negligence, you will only be able to recover your medical costs.

Need Help After a Dog Bite Injury in New York? The Lawyers at Brandon J. Broderick Are Available 247

In the event of a dog attack in New York, you'll want to be prepared to provide information to support your case. It is important to document your injuries with photographs, as well as get copies of all medical documents or laboratory test results, etc. While this can all be stressful if you are trying to recover from the pain that accompanies a dog bite, seeking legal representation right away is highly recommended.

With the assistance of the New York dog bite lawyers of Brandon J. Broderick, your case will be more compelling. We can assist you in negotiating with the dog owners' insurance provider to obtain proper compensation. If other options are on table, such as a personal injury claim, we pursue such avenues to ensure our client's are taken care of.

Contact our office today if you or a loved one needs legal counsel for a matter involving a dog bite. Our attorneys have extensive experience representing people who have been bitten by dogs, and have serviced clients throughout Connecticut, New Jersey, and New York.