NYC Dog Bite Laws: When Can You Sue the Dog Owner?

NYC Dog Bite Laws: When Can You Sue the Dog Owner?

There are around 600,000 pet pooches in New York City, living in close quarters with more than 8.3 million inhabitants. With so many people and canines in a confined space, it is no surprise that sometimes things go wrong and people get bit. If this has happened to you, you probably wonder whether the dog’s owner is liable and you can pursue compensation.

New York state laws allow NYC dog bite victims to pursue compensation. However, suing dog owners for their pet’s misdeeds can be trickier in New York than in some other jurisdictions. Whether a dog was already deemed dangerous before it attacked could impact the types of damages you can pursue.

This post will explore NYC dog bite laws and uncover situations when the animal’s owner could be liable. We will also discuss how to seek justice when a dog attacks.

New York Dog Bite Laws

NYC dog bite laws are particularly complex and combine elements of 3 distinct legal principles:

1. Strict liability: When a dog owner is automatically liable for the actions of his or her dog

1. Negligence: When the animal’s owner or person looking after the dog did not take reasonable steps to control the dog

1. One-bite rule: When the dog’s owner was aware of the dog’s vicious propensities before the dog bit the victim, he or she may be found liable for its actions

New York City-dwelling dog owners need to be aware of these laws to protect themselves from being sued. If you have already sustained a dog bite injury, it is important to understand how New York handles dog attacks so you can pursue the compensation you need.

When an Owner Is Liable for a Dog Bite

If a dog is deemed dangerous, its owner may have to pay some of the victim’s expenses. There are two ways a dog may be deemed dangerous – through a special hearing or in the course of a personal injury lawsuit.

Hearings on dangerous dogs

New York state does not define a dog as dangerous simply because it bites someone. After receiving a complaint from a law enforcement officer or member of the public, a hearing may be held to determine whether the dog is dangerous and whether any measures are necessary to protect the public.

Definition of a dangerous dog

According to NY Agric. & Mkts. Law § 108(24), a dangerous dog is defined as:

• One that kills or seriously injures a farm animal, pet, or person

• One that behaves in a manner that would cause a reasonable person to believe the dog poses a threat of serious physical injury or death to a farm animal, pet, or person, or;

• One that injures or kills a guide dog, hearing dog, or other service animal in an unjustified attack

Justification for aggressive behavior

The judge will also consider whether the dog’s conduct was justified in the situation. Under New York laws, some justifications could include:

• The person was attacking the dog’s owner or his or her property at the time of the attack

• The victim was tormenting either the dog or its offspring or had done so in the past

• The dog acted in response to pain, injury, or the threat of attack

If a judge determines that the dog is dangerous, he or she may require the dog owner to pay the medical expenses of any person or animal injured by the dog. Additionally, the animal’s owner may be ordered to carry up to $100,000 in liability insurance to cover any future harm the dog causes.

Dog deemed dangerous in a civil lawsuit

In a personal injury lawsuit, dog owners can be found liable for a victim’s medical costs if the dog meets New York state’s definition of dangerousness. This applies even if the dog owner did not act negligently and did not know the dog had a propensity for viciousness.

For example, if a dog attacks a victim without provocation and causes physical injury, it is considered to be a dangerous dog. The owners would be liable for the dog bite victim’s medical expenses.

However, the victim’s personal injury lawyer must prove that the dog is dangerous. He or she must present clear and convincing evidence that the dog is dangerous and that the victim deserves compensation. Yet, even if this is proven, it is only possible to win damages for medical expenses.

In order to receive compensation for other losses, such as lost earnings, disfigurement, or pain and suffering, the dog must have been known to have a propensity for viciousness.

Awareness of a dog’s vicious propensity

Many states, including New York, follow some form of “one-bite rule.” This means that when the owner knows his or her animal is potentially dangerous, then that person is liable for the animal’s actions.

The nickname for these laws may make it sound like dog owners get one free bite. However, it is worth noting that near-misses, not just actual attacks, may also be used as evidence of a dog’s vicious propensity that requires owners to take action to protect the public.

When a New York dog owner becomes aware of his or her animal’s vicious propensities, the owner becomes liable for much more than medical expenses. However, the situations in which a dog bite victim can recover all of his or her losses from a dog owner are still limited.

To prove the owner is liable for all damages, a personal injury lawyer must prove that the owner knew about the dog’s vicious propensities and that these tendencies were the direct cause of the victim’s injuries.

The Bard v. Jahnke decision established this legal rule in New York. Although this case involved an attack by a bull, it established that the owner must have prior knowledge of his or her animal’s vicious propensities to be liable for the defendant’s injuries.

Scenarios When You May Be Unable to Sue the Dog Owner

Unlike most states, New York does not allow dog bite victims to pursue damages based on negligence alone. This means that you may be unable to sue a dog owner if they were breaking local ordinances when the attack happened.

Failing to follow the NYC leash law

In New York City, dogs must be leashed in public places. It is easy to assume that this would mean a dog bite victim could sue the dog’s owner if he or she failed to obey this law. However, past cases suggest this legal argument may not always yield good results.

For example, in 2009, a mail carrier attempted to sue a homeowner when she got injured running away from an unleashed dog. However, the Court of Appeals upheld the original decision that the owner was not liable for the dog’s actions.

It is important to remember that each dog bite case is unique. For example, in the 2009 case, the dog did not attack the postal worker, which may have impacted the final outcome. So always talk to a qualified and experienced New York City personal injury lawyer to explore your legal rights before making any decisions after sustaining a dog bite injury.

Waiting too long to file

In all civil cases, the relevant statute of limitations applies, meaning that you only have a limited time to file your case. If you wait too long after sustaining a dog bite, you may no longer be able to file a claim and seek compensation.

Statutes of limitations vary depending on the type of case. Talk to an experienced dog bite attorney as soon as possible after the attack to understand your legal options and whether it is possible to hold the dog owner liable.

Deliberately provoking the dog

If a dog bite victim provokes a dog into attacking, the owner’s liability may be reduced, or he or she may not be liable at all.

Provocation could include:

• Teasing
• Abusing
• Tormenting

The dog may also be provoked if the dog bite victim unlawfully entered the dog owner’s property. In such cases, the owner may not be found negligent, even if the attacking dog had already been deemed dangerous.

Other Parties That Could Be Held Liable

New York laws on dangerous dogs state that either the owner or lawful custodian of a dangerous dog may be held strictly liable for medical costs resulting from a dog bite. Thus, in some scenarios, someone other than the dog owner could be found liable and be sued.

This could include veterinary clinics, who can be held liable for the actions of animals on their premises. This was established in the Hewitt v. Palmer Veterinary Clinic case, in which a dog who had just undergone a medical procedure attacked a person sitting in the veterinary clinic’s waiting room. Although the veterinary clinic did not have prior knowledge of the dog’s vicious propensities, it was still sued for negligence.

Although dog bite laws are particularly complex in New York, do not be quick to assume that you do not have a case. An experienced dog bite attorney can listen to your story and advise you on your rights. Do not miss your opportunity to pursue compensation for your medical costs and other losses if the dog is deemed to be dangerous.

What to Do After an NYC Dog Bite

After ensuring you are safe, seek immediate medical help. Medical records may help to establish a clear link between your injuries and the dog attack if you choose to pursue a dog bite claim.

If you are able, gather the following information at the scene:

• Contact details of the dog’s owner
• Eyewitness information
• Pictures of the scene and your injuries

Anyone attacked by a dog or who witnesses a dog attack can report it to the police, local animal control, or NYC health services. All dog bites must be reported within 24 hours. This could form part of the evidence supporting a dog bite lawsuit in the future.

Before talking to anyone else about your case, including the insurance company, you should speak to a personal injury lawyer. He or she will listen to your account and consider the strongest legal basis for a dog bite claim. If the law firm agrees to take on your case, they will handle all aspects of the claim, allowing you to focus on your recovery.

Let Hill & Moin Navigate NYC Dog Bite Laws for You

The personal injury lawyers at Hill & Moin understand that dog attacks can have devastating consequences. We offer all dog bite victims a completely free and confidential initial consultation. This is your chance to tell your story as we listen compassionately and evaluate your legal options.

While NYC dog bite laws are complex, they are in place to protect the public and dog bite victims. An experienced dog bite attorney can use his or her experience of similar cases to advise you on Personal Injury Recovery SolutionsⓇ that give you higher chances of success. If we take on your case, our dedicated legal representatives will fight tenaciously on your behalf.

A free case evaluation could be the first step toward justice. Schedule one today by calling us 24/7 at (212) 668-6000 or filling out our online contact form. 

Don’t wonder about your rights!