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
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.