Dogs offer joy, loyalty, and companionship. However, their friendly disposition doesn’t eliminate potential risks. The Centers for Disease Control and Prevention reports approximately 4.5 million dog bites annually in the U.S. These attacks can lead to severe injuries, enduring trauma, and even fatalities. With pets playing an increasingly central role in our lives, the legal framework safeguarding them, particularly New York’s tort laws, has expanded considerably. If you have been injured by a dog, please continue reading and contact an experienced New York City Personal Injury Attorney for guidance today.
What Are New York’s Dog Bite Laws?
In New York, dog bite cases are governed by a combination of strict liability and negligence principles. Strict liability mainly covers medical costs, making dog owners responsible for these expenses regardless of whether they knew about the dog’s aggression. Pets are legally considered property, so lawsuits involving them generally seek monetary damages for loss or injury rather than pain and suffering. To recover compensation beyond medical costs, such as emotional distress or lost wages, negligence must be proven. This involves demonstrating that the pet owner’s negligence training directly contributed to the injury.
It’s important to note that New York expanded the grounds for suing dog owners under “Flanders v. Goodfellow.” This ruling enables victims to sue dog owners not only under strict liability but also for negligence, even if the dog has no prior history of aggression if the owner fails to take reasonable precautions to prevent the attack. This broadens the legal options available for those seeking justice.
Under strict liability, you need to prove that the dog had aggressive tendencies, such as past bites, lunged at people, or engaged in other threatening behavior and that the owner knew or should have known. You can also argue that the owner failed to act with reasonable care, such as by not leashing the dog under the new negligence standard.
Who Can File a Dog Bite Claim?
If you have been bitten by a dog in New York, you might have grounds for legal action, provided certain conditions are satisfied. You generally have three years from the date of the incident to pursue compensation. Delaying legal action beyond this period can result in the forfeiture of your right to sue.
In addition, your presence on the property where the bite occurred is critical. If the bite happened in a public space or while you were lawfully on private property, your claim is likely legitimate. However, if you were trespassing, your ability to receive compensation may be diminished. The court will also examine whether you provoked the dog. Victims who are guilty of teasing, tormenting, or otherwise inciting the animal typically are not eligible for compensation.
Given the complexities involved, it’s highly advisable to consult with an experienced attorney. Contact Swerling Law for an assessment of your case. We can advise you on your legal options and help you navigate the legal process. Connect with our firm today to learn how we can fight for you.