With nearly 70% of American households owning a dog as a pet, the chances of someone getting bit at some point is high, especially in a highly populated state such as New York.
According to the American Pets Products Association's (APPA) 2019–2020 National Pet Owners Survey, the most common age group for dog bites is children, unfortunately, between the ages of 5 and 9. The other interesting fact is that most bite victims know the dog who attacks them. While any dog bite has the potential to be fatal, those over the age of 65 are particularly vulnerable.
What happens when a dog bites in the state of New York and what are the laws? These are the main points of the following article. Continue reading for more info.
For those who have suffered injury due to a dog bite, it's in your best interest to consult with an experienced NY dog bite lawyer such as Brandon J. Broderick, Attorney at Law. Our law firm has a team of experienced lawyers who can assist you in any type of personal injury case, including dog bites. Call us today to find out how we can help.
Can I Sue For Dog Bite In New York?
The state of New York has different dog bite laws, broken down by the county, state, and city levels. Depending on where you live and where the dog bite occurred, there may be different statutes governing dog bites.
It is important to consult a dog bite attorney who specializes in dog bite cases to understand how the laws surrounding dog bites will impact your claim if you decide to sue. However, litigation involving dog bites is a type of personal injury case.
After a dog bite, it's important to track down the owner and collect their contact information. In the event that the bite necessitates costly medical treatment, this information will assist you in supporting your legal case. Additionally, it will aid your doctor in deciding if you need an expensive and uncomfortable series of vaccinations to avoid rabies.
In the event that a dog bite occurs in New York City, the owner of the dog has ten days to check for rabies symptoms. If you do not have any symptoms throughout that 10-day period, you are free from any potentially fatal problems. Animal control personnel may seize the biting dog for further examination if it is determined to be a stray. They may even ask you or another person to observe the dog at its regular hangouts.
After you've gotten the medical treatment you need, you should notify the authorities in your area, such as the police, sheriff's office, or animal control agency. In New York City, the Department of Health and Mental Hygiene receives reports of any animal bites.
To help support your case, you should gather any evidence or note any information that is specific to the incident. Document the injuries, ripped clothing, or destroyed property by taking pictures. And, if there are witnesses, take down their information.
New York One Bite Rule vs. Strict Liability
In New York, the laws governing dog bites incorporate both the one-bite rule and the strict liability rule.
As long as it's the dog's first bite, the owner isn't held responsible according to the one-bite rule. The owner is exempt from dog bite liability in this situation if they had no knowledge that the dog posed a threat.
The owner is liable for any injuries caused by their dog under the strict liability rule, regardless of whether they were aware that the dog was dangerous.
These statutes state that a dog's owner must use reasonable judgment to assess the danger posed by specific behaviors. For example, if the dog exhibits aggressive behavior, it may be a warning that it is dangerous.
Medical or veterinary expenses incurred by victims of dog bites in New York must be paid in full by the owner of a dog that has been deemed "dangerous", according to the state's dog bite regulations. However, the burden of proof is on the victim to show that the owner was aware of the dog's aggressiveness and tendency to attack people.
You may have the right to sue if a dog attacks someone because its owner forgot to attach a leash and the animal bolted. You must prove that the dog's owner was negligent in order to get compensation.
New York Dog Bite Exceptions
There are protections in place for dog owners in specific situations under New York's dog bite statutes. Where applicable, the exceptions are as follows:
- Dog was defending its home against a trespasser(s)
- Dog was protecting the owner or puppies
- Dog was reacting to pain or suffering
- Dog was provoked
New York Dog Bite Law For Dangerous Dogs
The owner may face criminal charges in some incidents involving dog bites.
The following situations may result in a dog bite case:
- The owner was negligent and the dog bit someone
- The dog has a history of being deemed a "dangerous dog."
- The dog caused serious injury
Serious injuries are those that result in death, long-term disability, impairment, or amputation of a limb. An owner may face misdemeanor charges in the event that their dog attacks and kills someone.
In the event that a dangerous dog attacks a person, another animal, or a companion animal, the owner or caretaker of the dog is legally responsible for any associated medical or veterinary expenses according to New York's dog bite statute. A dangerous dog is defined by the statute as one that:
- Shows behavior that a reasonable person would perceive as dangerous
- Attacks and injuries or causes death to a personal or animal without provocation.
Do I Have A Time Limit To File A Dog Bite Lawsuit in NY?
There is a time limit under New York's dog bite law. There is a three-year statute of limitations beginning on the date of the bite that you must file a dog bite claim.
The court may prohibit you from filing altogether if you do not submit within the specified period. This is why it's important to engage with an attorney as soon as you can after a dog bite incident takes place.
Brandon J. Broderick Can Help You With A NY Dog Bite Claim
Did you or someone you care about suffer injuries in a dog attack in New York? The seasoned dog bite lawyers at Brandon J. Broderick can help you recover compensation. Our team has over a decade of experience in personal injury matters in NY. Allow us to use our knowledge and expertise to help you.
Call us today to set up a no-cost consultation for your case.