Although dogs are often considered man’s best friend, they can present a significant danger to others if their owners fail to train them properly. Suffering a dog attack can be a traumatic experience and can lead to devastating, life-altering injuries. Unfortunately, even when the necessary precautions are taken, dog attacks can still happen, and owners can often be held liable for their pet’s actions. Therefore, you may be entitled to significant compensation if you’ve suffered a dog attack injury. Please don’t hesitate to contact a seasoned Bronx Dog Bite Lawyer who can help you navigate your legal options to hold the dog owner responsible for their negligence. Please continue reading to learn about dog bite liability in New York.
When do I have the right to sue for a dog attack injury in New York?
Understanding dog bite laws in New York is crucial to safeguard your legal rights. Unlike other states, New York follows a “mixed” dog bite law, combining a limited degree of strict liability and negligence elements. This means that regardless of a dog’s previous history of attacks or aggressive behavior, dog owners may be held liable if their dog attacks someone. Essentially, dog owners are strictly liable for the medical expenses, lost wages, and other damages resulting from an injury their pet caused, even if they used reasonable care to restrain them from harming others. Negligence is also called the “one-bite” rule because owners who know their dog has a propensity for violence must exercise reasonable care to warn others about the danger. That being said, you must prove the dog owner’s negligence to recover damages beyond medical costs.
When is a dog owner not liable for an attack?
While a dog owner can be held liable for a dog attack injury, there are exceptions to their liability for the actions of their pets. If the victim contributed to the attack in some way by either deliberately annoying, teasing, or tormenting the dog, they are ineligible to file a claim as they provoked the dog. If the victim provokes a radical change in the dog’s behavior, they would likely not have a valid claim. Similarly, if the victim was trespassing on the owner’s property, they may not be held liable for attack injuries if they did not consent to be on their property. In addition, due to the one-bite rule, a dog owner is not responsible for attacks if the owner has no knowledge that a dog has attacked before.
What is the statute of limitations for a dog bite claim?
In New York, victims have three years from the date the attack occurred to pursue legal action against the dog’s owner for their losses. If they fail to file a claim within this timeframe, they will relinquish their right to recover monetary compensation for their incurred damages. To prevent missing this strict deadline and facing the absolute bar of recovery, taking action as soon as possible is in your best interest.
If you or someone you love has suffered a dog attack injury in the Bronx, contact a trusted lawyer from James Newman, P.C., to discuss your legal options. Our firm is prepared to vigorously fight to seek reasonable compensation for your economic and non-economic damages. We are prepared to represent your interests today.
