Can A Dog Owner Be Held Liable For A Bite?
Under New York law, it is possible to hold a dog owner accountable for injuries suffered in an attack, but the amount you can receive in monetary damages depends on the circumstances of the situation. Regardless of the dog’s history of violence or any known propensity to attack, you should be entitled to recover compensation for all your medical expenses incurred as a result of the attack.
If, however, it can be proven that the dog’s owner had reason to know the animal was prone to aggressive behavior yet failed to take reasonable precaution to prevent an attack, you can file a claim to potentially recover additional damages for lost income, as well as pain and suffering. In addition to taking legal action against the dog’s owner, it is sometimes possible to file a premises liability claim against the landlord, provided that it was known at the time of signing the lease the animal tended to attack.
New York Dog Bite Law – Strict Liability
While some states hold dog owners strictly liable for all damages caused by their pets, New York dog bite law is somewhat mixed. Under New York’s Agriculture & Markets Law §121.10, the owner or custodian of a dog is held strictly liable for only medical costs associated with his or her dangerous dog’s actions. A dog is considered dangerous if it attacked a human being or another animal without justification, thus causing injury to them. This rule of strict liability only applies to medical damages of the injury. If the victim wishes to pursue more damages, such as pain and suffering or emotional damage, he or she will be required to show the dog under question demonstrated a propensity toward violence and the owner was aware of these tendencies.
Unlike other personal injury claims, New York dog bite cases do not permit recovery of compensation for claims of general negligence. The plaintiff must demonstrate the defendant knew or had reasonable cause to know his or her pet had a vicious or dangerous temperament. This can make recovering additional damages extremely difficult for injured parties. It is advised for such victims of dog bites to consult with legal representation before pursuing further action against the owner of the dog that attacked. A New York City dog bite lawyer from our firm knows the New York dog bite law and can effectively argue for additional compensation by showing that the owner was negligent and that their negligence caused injury to the plaintiff.
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If You’ve Been Attacked By A Dangerous Dog in New York City, A Dog Bite Injury Lawyer Can Help.
Dog bites are not only physically painful but can often leave the victim with the significant emotional trauma that may last a lifetime. The injury may require extensive emergency medical treatment, including reconstructive surgery, and might result in permanent scarring. Don’t let the dog’s owner escape liability for all you have suffered; let us represent you in taking legal action to pursue the full compensation you deserve!
For a free consultation, contact a New York City dog bite injury lawyer at The Law Office of Richard M. Kenny as soon as possible after a dog has bitten you or a family member. We are dedicated to helping injured victims recover financial compensation, and will put over a century of combined experience in New York dog bite law to work for you. For immediate legal assistance, call (212) 421-0300.