Typically, dogs are known as “man’s best friend,” but don’t let that fool you into thinking dogs are not capable of seriously injuring someone. Although dogs can be sweet, some have an aggressive side that can cause harm to those around them. If you or a loved one has been bitten or injured by a dog, consult with a devoted New York City Dog Bite Attorney who can help you file a claim to recover reasonable damages for your injuries.
What is the One-bite Rule in New York?
In New York, the one-bite rule states that a dog owner is not liable for a dog bite or dog-related injury if the victim can prove that the owner had or should have had prior knowledge of their dog’s ferocious behavior. Although New York abides by the one-bite rule, it is a mixed state meaning they also abide by the strict liability rule. The strict liability rule holds the dog owner responsible for any injury, death, or loss to a person or property that is caused by the dog when they are not on its property.
When is a Dog Owner Not Liable For a Dog Bite Injury?
There are certain exceptions to when a dog owner can be held liable for a dog bite injury in New York. One of the main exceptions is if the victim is found to be negligent by any means. Meaning, if the victim either provoked, tormented, or abused the dog in any way which caused the dog to attack the owner is not liable. If the victim was trespassing on the owner’s property or attempting to commit a criminal act, the owner is not responsible for any injuries sustained. If the dog was defending itself or protecting its property, the owner is not responsible for damages. If to the owner’s prior knowledge their dog has never acted aggressively or bitten anyone before, the owner may not be held liable.
What is the Statute of Limitations For a Dog Bite Injury Claim in New York?
Under New York statute, you are given three years from the date your injuries were inflicted to file a claim. If you fail to file a claim within this period, you will be barred from ever doing so. It is important to note that once this time limit has passed, there is nothing you can do. It is crucial to act quickly because the sooner you file a claim the sooner an attorney can help you recover fair damages for your injuries. Don’t hesitate to contact an experienced New York City Personal Injury Attorney who can help you file a claim within the right time frame.
Contact Our New York City Firm
If you have been injured in a New York City accident, Swerling Law is here to help. Contact Swerling Law today to schedule your free initial consultation with our firm.