New York Dog Bite Laws

New York’s Legal Standard for Dog Bite Claims

Dog bite victims almost always have a right to recover damages from the pet’s owner.

However, an unusual combination of statutes, case law, and precedent can make it difficult for survivors to obtain significant compensation. This is because, in New York, most dog bite claims are assessed using two legal principles:

1. Strict Liability for Dog Bites: The principle of strict liability states that a dog’s owner is responsible for the victim’s medical costs, irrespective of whether the dog had a history of acting aggressively or violently. Generally, the only exception to this principle is when the victim provoked or goaded the animal into attacking.

2. The One-Bite Rule for Dog Bites: The one-bite rule suggests that if and when a dog’s owner has good reason to believe that their pet could be dangerous, they are liable for a greater array of damages. These damages can extend beyond the repayment of medical expenses to lost income from work, emotional pain and suffering, and disfigurement from scars.

Although most dog bite victims can recover damages under the principle of strict liability, their recovery will be limited to the cost of their medical treatment. To obtain additional compensation, you may be required to show that the owner knew, or should have known, that their pet posed a clear danger to others.

State Laws on Dog Ownership and Dog Attacks

The one-bite rule is sometimes misconstrued to mean that all dog owners are entitled to “one free bite” before being held liable for a victim’s damages. This is untrue. Instead, survivors are often able to establish that a dog was “dangerous” based on its past behavior.

In New York, two key pieces of legislation are often cited in dog bite claims. These include:

1. N.Y. Agric. & Mkts. L. § 109 states that dogs must be vaccinated against diseases like rabies. This statute also requires that most dog owners license their pets in their town or county of residence. If a dog is not properly vaccinated or licensed, its owner may be liable for a broader range of accident-related damages.

2. N.Y. Agric. & Mkts. L. § 123 defines a “dangerous dog” as any dog with a history of attacking another person, pet, service animal, companion animal, or farm animal. If a dog is classified as dangerous by a judge, then its owner is subject to a slew of additional requirements.

You do not need to be able to prove that a dog had previously been categorized as a “dangerous dog” to file a personal injury lawsuit against its owner. However, you will need compelling evidence of the dog’s aggressive tendencies.

In some cases, persons other than the dog owner may be liable for the costs of an attack. Landlords, for instance, sometimes must address complaints of aggressive or dangerous dogs on or around their properties. If the landlord failed to respond to previous complaints, they may be responsible for a portion of your damages.

Local Ordinances on Leashes, Dog Ownership, and Liability

Your local ordinances on leashes and dog ownership could also impact your claim.

In Buffalo, for instance, local ordinances dictate the following:

1. The owner of a dog must restrain their dog to prevent it from leaving their property; and
2. The owner of a dog may be taken off their owner’s property only if a leash restrains it.

Violations of local ordinances can sometimes be used to evidence the owner’s negligence.