In the state of New York, if Fifi or Rover takes a bite out of your neighbor’s leg, you, as the owner, could be liable for some or all of the medical costs resulting from the injury.
New York is a “one-bite” state. Under this limited strict-liability statute, the owner or keeper of the dog is liable for any bite injury, and responsible for the resulting medical or veterinary bills of the person or animal the dog bit. Under the limited strict-liability statute, New York does not recognize the cause of action for negligence.
However, the cause does come into play under the state’s “dangerous dog” regulations. Under this part of the law, the person bitten may be able to recover additional monetary damages if it can be proven that the owner was negligent; knew the dog had a history of biting others; or had their dog running around without a leash, or in a pack with other dogs.
If the dog was indeed previously declared to be dangerous, and the injury is considered “serious,” the dog owner can be convicted of a misdemeanor -- $1,000 fine and 90 days in jail. The law defines “serious injury” as one that causes death or presents the risk of death, or causes “serious or protracted” disfigurement, “protracted impairment of health or protracted loss or impairment of the function of any bodily organ.”
In addition, if a dog that was previously declared dangerous and
attacks and kills someone, the owner can be convicted of a class A
misdemeanor, which carries a penalty of up to one year in prison.
Under New York state law, a dangerous dog is defined as:
David Resnick & Associates, PC, has the experience and the resources to establish pet owner negligence, and to help secure fair compensation for immediate and future medical care, plastic surgery, lost wages and lost earning potential.
According to the Centers for Disease Control and Prevention (CDC), there are more than 4.7 million dog bites in the U.S. each year. Every year 800,000 U.S. residents seek medical attention for dog bites, and half of those are children. More CDC statistics:
If you or a loved one has been the victim of a dog attack, it is important to attain legal representation as soon as possible. In the state of New York, the statute of limitations regarding dog bites is three years.
David Resnick & Associates, PC, is familiar with New York dog bite
laws, and how to successfully represent and advise our dog bite
victim clients. We will evaluate your case free of charge to
determine the best way to pursue your claim while protecting and
maximizing your legal interests. Please contact us today.
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