Dog Bites

New York allows victims of a dog bite to receive compensation in only two situations: One Bite vs. Strict Liability.

Under the “One Bite” rule, the owner will only be liable for a dog bite incident if the owner knew that the dog had bitten other victim(s) in the past.  Oftentimes, these “prior bites” are reported to the local Department of Health and can be obtained by a Freedom of Information (FOIL) request.

Strict Liability dog bite laws mean that defendants are held liable regardless of whether the dog had a prior bite or anything could have been done to prevent the bite from happening. New York does not let victims receive compensation on grounds of negligence alone. The law provides that the dog owner either knows or should have known of that animal’s vicious propensities to be held strictly liable for the harm the animal causes. Some examples of vicious propensities are as follows:

• Prior bites, injuries (obviously)
• Tendency to bite
• Dog trained as watchdog, tendency to leap from window
• Tendency to thrust head, growl, show teeth, snap
• Tendency to rise up and greet people
• Growling and pulling at chain
• Tendency to bite and push
• Tendency to break away, bite, snap, bark and bare teeth
• Tendency to touch people with open mouth while following them
• However, mere barking or straining at leash is not enough

If you have been bitten by a dog, call us now for a free case review (516) 379-2500.