Dog Bites and Premises Liability in New York: What You Need To Know
Dog bites in New York can happen unexpectedly and cause severe injuries. A seemingly harmless dog can bite you or a loved one without warning. After suffering a dog bite on another person’s property, it is vital to understand how premises liability laws apply to your case. In this article, we discuss what New York law says regarding dog bites and premises liability and the steps to take after being bitten by a dog on someone else’s property.
Understanding Premises Liability in Dog Bite Cases
Property owners in New York are mandated to maintain a safe environment for visitors. When a property owner fails to uphold their duty and, as a result, someone suffers harm, they can be held accountable and made to pay financial compensation.
In New York, the above extends to dog bite cases. A property owner may be held liable for a dog bite if they failed to take reasonable steps to prevent the attack, or in other words, were negligent. However, New York dog bite laws are far more complicated than this. Keep reading!
Understanding New York Dog Bite Laws
New York dog bite laws are complex. The Big Apple follows a mixed approach to dog bite liability. In New York, if a dog has previously been adjudicated as dangerous, the owner is strictly liable for a victim’s medical costs, regardless of whether or not they knew about the dog’s dangerous behavior. Strict liability means you don’t have to prove fault or intent on the defendant’s part.
In New York, a dog owner can also be held liable for a dog bite if it is proven that they were negligent in preventing the attack. If a dog owner knew or should have reasonably known about a dog’s dangerous tendencies and failed to take action, they can be held liable for any resulting injuries under the state’s negligence laws.
To recover other damages aside from medical costs, a victim must prove the dog’s vicious tendencies and that the owner knew about these tendencies.
What Is a “Dangerous Dog” in New York?
According to New York law, a dangerous dog is;
- Any dog that attacks without justification
- Any dog that behaves in a way that causes a reasonable person to believe it poses an unjustified, imminent risk of severe injury or death
- Any dog that attacks service, guide, or hearing dogs without justification and causes injury or death
Who Can You Hold Liable in a Premises Liability Dog Bite Case?
In a New York premises liability dog bite case, there could be several potentially liable parties, including;
- The dog owner
- A landlord
- The dog’s custodian
A vital thing to keep in mind is that if you provoke a dog, that can be a defense for the defendant.
What To Do After a Dog Bite
Here is what to do after sustaining a dog bite in New York;
- Seek prompt medical attention
- Report the incident promptly
- Gather information, such as the dog owner’s details, and witnesses’ names and contact information
- Consult an attorney
Contact a Long Island Premises Liability Lawyer
If you or a loved one has been bitten by a dog on another person’s property, contact our experienced Long Island premises liability lawyers at Jacobson Law for legal help.
Source:
nysenate.gov/legislation/laws/AGM/108
