The Dog. Man’s best friend, sometimes bites people. Here’s what NY State Law says about Dog Bites.
The allowable time period to file a lawsuit in New York is referred to as the Statute of Limitations. For Dog Bites & many other personal injury cases, the Statute of Limitations is 3 years from the date that you were bit by a dog.
This time limit is very strict so you and your lawyer must make sure to file suit within the 3 year mark or the case could be fully barred from any action.
Dog Bite Rules
Under New York statute, the owner of a “dangerous dog” is liable for the medical costs of any injuries the dog causes to a person, or even to livestock, or a companion dog.
A “dangerous dog” is defined as dog that:
- attacks and injures or kills a person, farm animal, or pet without justification, or
- behaves in a way that would make a reasonable person believe the dog poses “serious and unjustified imminent threat of serious physical injury or death.”
New York uses a combination of strict liability and negligence for dog bites and other dog-caused injuries. For medical bills resulting from a dog bite injury, the dog’s owner or custodian is “strictly liable,” even if he or she used reasonable care to restrain or control the dog.
For all other costs related to a dog bite injury, New York follows the concept of negligence, meaning the dog’s owner or custodian is only liable if he or she failed to use reasonable care to control the dog or to protect or warn others about the dog’s dangerous habits. The negligence rule is sometimes known as the “one bite” rule, because an owner who knows a dog has bitten or acted aggressively before must use reasonable care to warn others about the danger.
In order to collect damages beyond medical bills, negligence would need to be proven. This can be proven by using a myriad of factors.
Chris Brown is a Personal Injury and Dog Bite lawyer with Offices in Binghamton, New York. Chris Brown represents victims that have been injured and need compensation. If you have been the victim of a dog bite contact Chris Brown today at (607) 988-3131 to see how we can help you win your case.