Understanding Your Right to Damages if Bitten by a Dog
In New York, victims of dog bites are often able to recover money damages, but there are important evidentiary requirements that must be met. New York follows the “one bite” rule, which holds a dog owner strictly liable under certain circumstances but also limits the type of damages that a victim can recover.
The “one bite” rule means essentially a dog must have bitten or attacked someone on a prior occasion in order to be considered dangerous. The dog’s owner must have had prior knowledge or some reason to know their dog could pose a threat to others. A history of aggressive actions, like growling, snapping or lunging at people, can be found to have put an owner on warning of the dog’s potentially vicious propensities. Once the owner is aware of this behavior, they have a legal duty to prevent further harm.
In such a case, New York law imposes strict liability. This means that even if the owner took actions to prevent the dog from harming others, they are still responsible for paying the victim’s medical expenses related to the injury. Strict liability does not require proving that the owner acted negligently. The fact that the owner was aware of the dog’s vicious tendencies is sufficient to establish responsibility.
However, strict liability in New York is limited to medical expenses. If the victim seeks to recover damages beyond medical costs — such as for pain and suffering, emotional distress, or lost wages — the victim must establish that the dog owner was negligent. In a dog bite case, negligence generally means that the owner failed to take reasonable steps to control or restrain the dog despite knowing of its vicious tendencies. For example, if a dog with a history of aggression is allowed to roam freely without a leash, or if the owner fails to secure the dog in an enclosed yard, these actions could be considered negligent.
If the victim can prove that the owner’s failure to control the dog led to the bite, they may be entitled to additional compensation. An experienced personal injury attorney can gather evidence of the dog’s previous aggressive behavior, including witness statements and records of prior incidents, to build a strong case.
Dog owners can raise defenses in lawsuits over dog bite injuries. One defense is that the victim engaged in behavior that provoked the animal. Another is that the victim was trespassing on the owner’s property when the attack occurred.
The Law Offices of Maurice Verrillo, P.C. represents clients in personal injury cases in Rochester and upstate New York. Contact us online or call us at 585-563-1134 for a free consultation in your case.
December 5, 2024 Posted in Personal Injury Tagged Bitten, Dog Bites, injuries Comments Off on Understanding Your Right to Damages if Bitten by a Dog
