While you may think a dog bite will never happen to you or a family member, there are an average of 6,000 emergency room visits related to dog bites each year. Understanding New York’s dog bite law is necessary if you own or interact with dog’s regularly.
Even if you are not in frequent contact with dogs, knowing the basics of New York’s dog bite rules can be helpful if you are ever bitten.
What Are New York’s Dog Bite Laws?
Under New York State law, whether the owner of a dog is responsible for a dog biting or injuring another person depends on whether the dog owner had prior knowledge of the dogs “vicious propensities.” This standard holds owners responsible for injuries only if they knew or should have known that the dog was dangerous in nature.
However, the “vicious propensity” rule does not mean that any one dog owner is entitled to one “free bite.” If the dog exhibits behaviors other than a bite in the past which would show that the dog exhibits behavior that could suggest a vicious propensity, the dog’s owner will be on notice that the dog may pose a particular kind of risk to people.
What Is Considered A “Vicious Dog” in New York?
According to New York State Law, a dog is considered “vicious” if:
● The dog attacks and injures or kills a person, pet, or farm animal without justification.
● The dog behaves in a way that a reasonable person would believe poses a serious and unjustified threat of serious physical injury or death to one or more persons, pets, or farm animals.
● The dog, without justification, attacks a service dog, guide dog or hearing dog and causes physical injury or death.
Alternately, a dog cannot be declared “vicious” if:
● The attack occurs while a person is committing a crime against the owner or on the property.
● A person was tormenting, abusing, assaulting or physically threatening the dog or its offspring, or has in the past.
● The dog was responding to pain or injury.
● The dog was protecting itself, its owner, or member of the household.
● The dog is a law enforcement dog carrying out its duties.
Liability for Damages In New York Dog Bite Cases
According to New York’s “vicious propensity” rule, the dog’s owner is strictly liable for all damages that are caused by the dog, even if the owner had taken reasonable precautions to try and control or restrain the dog. These damages could be medical bills, lost wages and pain and suffering.
Criminal Liability for Dog Bites In New York
There are some cases in which the dog’s owner may face misdemeanor charges in the event of a dog bite attack. If a dog manages to seriously injure or kill a person during an attack, the owner can be charged, even if they tried to restrain or control their dog.
New York Agriculture & Markets Code section 123 allows for criminal charge to be filed in the following cases:
● The dog has been previously identified as a “vicious dog”.
● The owner carelessly let the dog bite another person.
● The injury is considered serious in nature. “Serious injury” is defined as an injury that causes serious disfigurement, death, or loss of a body part or organ.
A dog owner who faces criminal charges after a dog bite attack may also face civil liability if the injured party chooses to file a suit in civil court as well.
How A Dog Bite Attorney Can Help
Whether you have been bitten yourself or you know someone who has been a victim of a dog bite, having a skilled dog bite injury attorney on your side can be extremely beneficial.
Immediately following the incident, it’s important to file any necessary police reports and seek medical attention for your injuries. This will help your attorney to strengthen your case against the dog owner’s insurance company to ensure that you receive the proper compensation for your injuries.
If you have been bitten and need representation, contact the injury attorneys at Cellino Law for your free and confidential case consultation today. Our team of legal representatives can be reached 24/7 at 800-555-5555.