What You Need to Know About NY Dog Bite Cases

In New York, the owner or custodian of a “dangerous dog” is liable for medical costs of any injuries the dog causes to a person, a companion animal, or livestock. A dangerous dog is considered on that attacks and injures someone or something without justification or behaves in a way which would make a reasonable individual believe the dog poses serious and unjustified imminent threat of serious bodily injury or death.

The state uses a mix of strict liability and negligence for dog attack and bitecases. For medical bills caused by a dog bite injury, the dog’s owner or custodian is “strictly liable,” despite using reasonable care to control or restrain the canine.

For all other costs, such as lost wages or pain and suffering, New York abides by the concept of negligence, meaning the dog’s owner or custodian is only liable if he or she failed to exercise reasonable care to control the dog or to protect or warn others about the dog’s dangerous habits. The negligence rule is also known as the “one bite” rule, which is when an owner knows the dog has bitten or acted aggressively before must use reasonable care to warn others.

According to the statute of limitations, a dog bite injury case must be filed within three years of the date of the injury. If you do not file your case within the three-year time limit, the court may refuse to hear your case.

If you have suffered an injury caused by a dog attack or bite in New York, contact Lurie, Ilchert, MacDonnell & Ryan LLP and schedule a free case evaluation with our NYC personal injury lawyers today.