Dog bite laws in New York allow injury victims to seek compensation through either strict liability or negligence-based claims. The state’s laws also dictate a set of legal steps that allow the court to label an animal a “dangerous dog” and to impose certain restrictions on the owners of these animals.
A Long Island dog bite lawyer can give you more information about how dog bite laws work in New York and how they may affect your case after an animal attack. An attorney can also help build your claim after a bite.
How Do New York’s Dog Bite Laws Work?
New York’s dog bite laws work by giving bite victims options to seek compensation for their losses. The state’s laws deal with:
Claims Based on Strict Liability
Some injury victims can seek compensation through laws related to strict liability. You do not have to prove that an owner acted carelessly when building a strict liability claim. Generally, a dog owner must cover your losses if they knew about a dog’s vicious nature before an attack.
If someone knew they owned a dangerous dog and that dog attacked you, you may get compensation for all of your losses. However, if the owner was unaware of the dog’s dangerous nature, you may only receive compensation for your medical bills when pursuing a strict liability claim.
Claims Based on Negligence
New York’s dog bite laws recently changed to allow injury victims to file personal injury lawsuits against the owners of dangerous dogs. To secure compensation through a personal injury claim, an attorney will need to show that:
- A dog’s owner acted carelessly when handling or controlling the animal
- The owner’s carelessness allowed a dog to bite or injure another person
- The other person experienced financial losses as a result of the attack
Under this law, you may seek compensation for your medical bills, pain, emotional distress, and other losses even if the animal that attacked you did not qualify as a dangerous dog.
Claims Against Other Parties
In some cases, New York’s dog bite laws allow you to file a claim against someone other than a dog’s owner after an animal attack. For example, a lawyer may build a claim against a landlord who knew that a tenant owned a dangerous dog and failed to take appropriate action to protect other people who visited the property.
You can learn more about how dog bite laws work in New York and your options after an attack by reaching out to a Long Island personal injury lawyer now.
New York’s Laws Focus on Unjustified Attacks
You should know that New York’s dog bite laws specifically focus on unjustified animal attacks. Individuals may not get compensation for attacks they provoke by harassing or tormenting a dog, for example.
New York may also excuse a dog’s behavior if the animal attacks to protect its owner or another person.
New York’s Laws on Defining a Dangerous Dog
According to the legal codes in New York, dangerous dogs are canines that seriously injure or kill (in an unjustified attack):
- A person
- A pet
- A farm animal
- A service dog
- A guide dog
- A hearing dog
Animals also qualify as dangerous dogs if the way they act would cause a reasonable person to believe the dog poses a threat of killing or causing serious injury to a pet, farm animal, or person.
Who Determines if a Dog Is Dangerous?
A judge will determine if a dog qualifies as dangerous in a hearing. The person who brings a complaint against the dog must provide clear and convincing evidence of the dog’s danger to others.
What Happens to a Dangerous Dog?
If a judge decides a dog qualifies as dangerous, the court will order the dog either spayed or neutered. Additionally, the owner must microchip the dog. A judge may also order that the owner:
- Pay for the dog to go through training
- Keep the dog humanely confined
- Humanely muzzle the dog when in public
- Only allow the dog in public with someone 21 years of age or older
In some cases, a judge will order the euthanization of a dangerous dog.
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Penalties for Owners of Dangerous Dogs
The owners of dangerous dogs can face legal consequences if their animals attack people under New York’s dog bite laws. Generally, owners of dangerous dogs must cover the losses of anyone attacked by their animal, and they may have to carry extra liability insurance.
Additionally, the owners of dangerous dogs may face criminal charges after future animal attacks. The court may fine dog owners in this situation and even order them to spend time in jail.
Talk to Us About Dog Bite Laws in New York
You can learn more about how dog bite laws work in New York with our team at Levine And Wiss. We have a deep understanding of New York’s legal codes and the experience to help with your legal claim after an animal attack.
We’ve secured hundreds of millions in compensation for clients like you, and we’re fully prepared to assist with your legal needs. Find out more about how to handle a dog bite with a risk-free consultation.
