New York Dog Bite Laws at a Glance
Dog bite laws, also known as "dog attack laws," are specific sets of statutes that apply to injuries sustained in dog attacks, and to those attacked by dogs in some other fashion. Injury can refer to either physical injury or emotional trauma.
The majority of US states, including New York, ascribe strict liability to dog owners for proving that they intentionally caused harm to someone. State dog bite laws differ, however, as to whether the victim must prove negligence on the part of the dog owner, or whether strict liability is proper.
Only 14 states impose strict liability on pet owners. In 16 states, injuries regulated by dog bite laws come under the negligence umbrella of premises liability. The final 20 states have mixed court decisions. Here is a better understanding of New York dog bite laws:
The "One-Bite" Law Case in point – in a one-bite state, the victim must prove that the owner knew that the dog was a risk to others. A one-bite state such as California typically requires the victim to show the court that the animal had a prior aggressive or vicious history.
Strict Liability In a strict liability state, owners must shoulder the responsibility for their dog’s actions. If someone is injured , the owner is liable for any incidents that occur regardless of the prior behavior of the animal. The facts matter less than liability in these states as compared to those with the one-bite law.
Negligence Most dog bite laws recognize the inherent risk factors in dog ownership and that injuries can occur. Laws that fall outside of the one-bite and strict liability categories may still require the victim to prove negligence on the part of the owner.
New York dog bite laws fall into the negligence category. Pet owners cannot be held strictly liable for any injuries caused by their dog. A hint as to the danger of dogs comes at the point of sale or adoption. A bill was signed into law in New York on November 1, 2012, requiring retailers and breeders to provide the following warnings:
"Warning: Do not pet or otherwise approach strange dogs. Watch your children around strange dogs. Dogs can bite. When dogs bite, they can injure and sometimes kill people. Avoid dogs that are chained, tethered or kept in a cage."
The new law also warns purchasers of puppies and kittens about the risk of contracting common diseases from animals.
Dog Owner Liability
Under New York law, individuals (including dog owners) can be held liable in civil court if their actions result in injury to others. In the case of dog bites, the law presumes that the owner of the dog is negligent when someone is injured or killed by the dog. This is known as owner liability. However, owner liability does not apply in all situations. The animal control officer is required to investigate all incidents and files a report; the report is required to be provided to both the dog owner and the person injured by the bites. In some cases, dogs are euthanized following an approved investigation. When dogs are euthanized, it is at the cost of the owner of the dog. If the dog is found to be a danger to other people, any owner who continues to allow that animal to reside in the home or otherwise allow the animal to remain on his or her property, could be subjected to criminal penalties.
Although investigations can take place in two different settings, which ultimately leads to the dog being injured or killed, the fact that investigations must occur regardless of the setting in which a dog bites someone is important. For example, if your dog snaps at or bites someone at your home or at a pet park you are in, animal control is required to investigate both incidents, even if they occur in different states or neighborhoods. Other than people who are seeking compensation following an animal bite, the investigation provides information related to the situation itself. For example, if it is determined that the dog was provoked or attacked first, there may be reason for leniency or dismissal of charges for the dog owner. In some cases, when it is determined that the dog was not provoked, the dog is euthanized; the owner pays the fee associated with euthanization; and the dog owner is required to appear in civil court to pay charges related to the animal bite.
Rights of a Dog Bite Victim
If you or your child are a victim of a dog bite, you may be entitled to compensation for your injury. This is true even when the dog owner has no knowledge of the dog’s previous aggressive tendencies, for example if the dog bites children every time, but this is the first time they have bitten someone, then this would be an owner negligent in preventing harm to others. A dog bite victim can sue for lost wages (past and future), medical bills (past and future), pain and suffering (past and future), permanent injuries, and other losses. All of these must be proven at trial for there to be an award of damages. An attorney who represents victims of dog bites will generally have many years of experience doing such and will guide your case through the proper channels.
How to Report a Dog Bite
In the unfortunate event that you or someone you know has been bitten by a dog in New York, understanding the recommended procedures for reporting the incident is essential. Knowing the proper steps to take can be crucial for protecting your rights and ensuring all necessary information is recorded for any potential legal actions.
For all reported dog bites in New York, there are certain procedures that both the victim and the authorities must follow. Immediately after the incident, it’s important for the victim to remove themselves from the situation and recall as much of the details as possible from the attack. This information should be reported to the police department or local dog control agency in the town or city where the bite occurred. They will then collect statements from the victim and any witnesses to the attack. After taking the statements, the police department or control agency will attempt to locate the dog that inflicted the injury on the victim.
When a dog has a confirmed bite, it is common for the dog to be confined to their owner’s house for around two weeks while the victim recovers from the injury. During this period, a public health investigator may reach out to the dog owner to classify the animal’s bite risk. This process will typically involve the dog being observed by a veterinarian, who will then provide the health department with the necessary information on the attack. This information is then compiled into a report, which is reviewed by the health department to determine whether the dog has an increased risk of rabies infection.
Reporting a dog bite is important for both the victim and the State’s health department. Having this information on file is essential for both legal and medical purposes. For instance, if the dog that bit a person is located right away, the health department can determine if the animal is infected with rabies or other diseases. Obtaining this information is extremely important for the conscious of the victim, but is also critical for stopping a potential public health risk. For victims, it allows them to receive proper treatment, while for the sake of the health of the public, it prevents further spread of any disease the animal may have had.
As a matter of law, any biting dog should be properly located and identified as soon as possible. Hopefully, this will stop the animal from attacking anyone else. If the animal is not located, however, it’s possible for the individual bitten to be asked to undergo rabies treatment. After the bite, it is advised that individuals seek medical attention for their injuries immediately to avoid problems later on. In addition, if the injured person fails to seek medical attention right away, it is possible that the dog responsible for the attack will also not be located, potentially increasing the likelihood of a rabies outbreak.
Dog Owner Defenses
Even if you believe that your dog behaved appropriately and did not cause harm to the plaintiff, you can still be "found" at fault. This is because courts in NY State are known to uphold strict liability for dog owners. This means that, by virtue of owning a dog, and having it act out in any way, you may be found to have some responsibility. As the defendant, the dog owner is responsible for their pet’s actions almost all the time. There are, however, some exceptions that may apply, including: · Provocation . In NY, you may not be held liable for your dog’s behavior if the plaintiff was intimidating it in some way. The definition of provocation is somewhat hazy, so it is very important to get a legal opinion from an attorney specializing in dog bite laws. · Comparative negligence. If both parties were in the wrong, then the "comp" of comparative negligence may apply. This means that both you and the victim’s case can be "weighed" as being a portion of the responsibility. A settlement amount could possibly be diminished as a result of this.
Compensation for Dog Bite Victims
Damages are typically divided into two broad categories—economic and noneconomic. Since dog bites are like any other mischievous actions that cause injury to another party, the damages you might recover are similar to the types of damages recovered in any other personal injury lawsuit.
Economic damages refer to expenditures that you’ve actually incurred as a result of the dog bite, such as lost wages, additional costs for in-home nursing care and medical bills (surgery on any injuries, stitches, additional medical examinations, etc.).
Noneconomic damages, on the other hand, don’t have a set dollar amount—it’s much more difficult to quantify pain and suffering in concrete terms. Things such as physical pain, anxiety, emotional trauma (for example, if the dog acted violently when the victim was present), and time off work can all constitute noneconomic damages in a dog bite case. The subjective nature of some of these affects the way they are quantified and taken into account for purposes of settlement.
For example, pain and suffering damages are often derived from the multiplication of two variables—monetary value of the pain and suffering for a certain period of time, and that same number squared. For example, you might set monetary value of $100 per week for the first seven weeks after the incident, and $300 per week for weeks eight and afterward. From there, the value can be multiplied (i.e., $100 per week times seven weeks equals $700) and the value squared (i.e., $700 squared) to arrive at a figure for pain and suffering damages, ($490,000). Initially, the insurance company will resist on this type of damage category, but pursuing medical evidence and testimonies can help you arrive at a settlement.
Contact your attorney to find out the damages you could be eligible to receive.
Selecting a New York Dog Bite Lawyer
When choosing a dog bite lawyer in New York, there are several factors to consider. One of the most important considerations is experience. You want someone who has handled similar cases before and knows the ins and outs of the law. A lawyer with a proven track record of success in dog bite cases can be an asset to your case.
Another important factor is expertise. You want a lawyer who specializes in personal injury law and has a deep understanding of New York dog bite laws. Asking about their experience with dog bite cases specifically can give you insight into their expertise.
Client reviews are another crucial factor in choosing a New York dog bite lawyer. Reading reviews from previous clients can give you an idea of the lawyer’s reputation and how they handle cases. Look for reviews that mention successful outcomes , clear communication, and responsiveness.
Finally, it’s essential to choose a lawyer that you feel comfortable working with. Many people who have experienced a dog bite are dealing with physical and emotional trauma, and it’s important to have a lawyer who is understanding and compassionate. Choosing someone that you feel comfortable with can make the process less stressful.
In conclusion, when selecting a dog bite lawyer in New York, you should consider their experience, expertise, client reviews, and comfort level with them.