How Do New York’s Strict Liability Laws Apply to Dog Bite Cases?

Dogs may be man’s best friend, but they can also be dangerous, aggressive animals that cause serious injuries, pain, and emotional trauma when they attack. The Bronx has the highest rate of dog bites of all of the NYC boroughs, and dozens of people are injured every year due to dog attacks. New York’s laws regarding these incidents can be confusing, but it’s essential to understand your rights and legal options after a dog has bitten you.

Understanding Strict Liability

Dog bite incidents are considered personal injury cases under the law and sometimes classified as premises liability. However, these cases have unique rules governing whether an owner is responsible for a dog’s actions and how a victim can get compensation.

New York’s strict liability law applies to dog bites. This means that the dog’s owner is responsible for any medical expenses incurred by the victim as a result of the attack. The owner may also be ordered to pay any lost earnings due to the victim’s absence from work or other financial damages.

Applying Strict Liability to Dog Attacks

Dog owners are generally responsible for their dog’s actions, even if there was no previous indication that the dog was a danger to others. However, there are some exceptions to this guideline. For example, New York also uses a modified one-bite rule. The one-bite rule means that if a dog has not previously shown aggressive behavior or attacked anyone else, the owner did not know that the dog could be dangerous and, therefore, may not be liable.

However, this doesn’t mean a victim can’t pursue compensation. If the owner acted negligently, such as failing to keep the dog under control, the victim may be awarded compensation based on this factor.

There are also some circumstances where a dog is generally not faulted, and the owner is not responsible for a bite. If the victim provoked the dog, such as throwing something at it, teasing it, or otherwise inducing it to attack, the owner may not be liable. If the bite occurred while the dog was defending its property, such as when someone was trespassing, this also is usually not considered the fault of the owner.

How Does a Dangerous Dog Classification Affect the Case?

One crucial factor to understand when dealing with a dog bite case is whether the animal already has a dangerous dog classification. According to New York law, a dangerous dog is one that has either caused serious injury or death before or acts in a manner that “poses a serious and unjustified imminent threat of serious physical injury or death.” The previous attack or threat of attack doesn’t have to involve a human for the dangerous dog classification to apply. For example, if a dog attacks another dog, causing serious injury, the aggressor could be categorized as a dangerous animal. Keep in mind that this label is only applied by a judge after either a victim or an animal control officer makes the court aware of the dog’s behavior.

When someone is attacked by a dog that has already been classified as dangerous, it means that the owner is much more likely to be held liable for the injuries. This is because the owner had previous knowledge of the dog’s behavior and reason to believe that it could pose a threat to others. The owner then has a responsibility to ensure that the dog is restrained adequately so that it can’t attack anyone or anything else.

What To Do If You’ve Been Injured in a Dog Bite Attack

The first step after a dog bite occurs is to get immediate medical attention. While this may seem obvious in the case of severe bites or evident injuries, it’s also crucial for those with seemingly minor injuries to get medical treatment. Dog bites are often puncture wounds that are more easily infected, and you may need a series of rabies shots, depending on if the dog was up to date on its vaccines. Seeking medical treatment also documents the attack and your injuries, which is vital if you plan on seeking damages later on.

Once your immediate injuries are dealt with, write down everything you can remember about the accident. Document the time of day, what you were doing before the dog attack occurred, and what happened after the bite. Take pictures of your injuries, and keep records of medical bills, lost income, and other damages organized so you can easily find what you need when it’s time to pursue your case.

While it’s normal to want to talk about something traumatic that happened to you, avoid discussing the accident or your injuries with anyone until you’ve spoken with an attorney. This includes giving a statement to an insurance company. What you say to others, including family members and close friends, or post on social media can impact your legal case.

Working With a Dog Bite Attorney

Working with a dog bite attorney is the best thing you can do for your case to increase the chances of being awarded the compensation you deserve. An attorney will evaluate your case to see if you are eligible for compensation under New York’s laws, speak to the insurance company on your behalf, potentially negotiate a settlement, and represent you in court. You have a limited amount of time to file a dog bite claim in New York, so it’s essential to speak with an attorney as soon as possible.

If you were injured in a dog attack, our team can help. Call The Law Offices of Thomas Lavin at 718-957-8695 to take the first step.