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One Bite Rule vs. Strict Liability for Damages in NY


One Bite Rule vs. Strict Liability for Damages in NY

Dog Bite Cases

In New York, the one-bite rule is combined with a limited degree of strict responsibility.

The one-bite rule absolves the dog owner if the dog causes harm for the first time. In this situation, the owner is not liable if they are unaware of the dog’s potential for injury.

The owner is accountable for all injury caused by the dog, regardless of whether they knew the dog was dangerous or not, according to the strict liability rule.

According to these laws, the owner must interpret the dog’s activities to determine if it is hazardous or not. For example, actions like as jumping on people, fighting with other dogs, and barking furiously can indicate that the dog is dangerous. According to New York dog bite statutes, the owner of a previously judged “dangerous” dog is solely accountable for the victims’ medical or veterinary expenses. Furthermore, if the dog causes any other harm, the victim must demonstrate that the dog had a dangerous predisposition to attack people and that the owner was aware of this.

For example, if a dog owner fails to leash his or her dog and the dog runs away and bites you, you may be able to sue the owner. In this scenario, you must demonstrate that the owner’s negligence caused the injury and any other damage caused by the dog.

New York’s Dangerous Dog Bite Statute

In some dog biting situations, the owner faces a misdemeanor prosecution.

According to the New York Agriculture and Markets Code, you may bring a dog bite case if:

  • The dog bit someone as a result of the owner’s negligence
  • If the dog has already been declared a “dangerous dog.”
  • The dog caused serious injuries.

Severe injuries are those that result in death, permanent disfigurement, incapacity, or loss of body parts. If the dog attacks and kills the owner, the owner will be punished with a misdemeanor.

According to New York’s dog bite statute, the owner or custodian of a hazardous dog is accountable for medical or veterinary charges if the dog injures a person, an animal, or a companion animal such as a disability assistance dog. The statute defines a dangerous dog as one that:

  • Behaves in such a way that any reasonable person would feel it constitutes a severe threat
  • Attacks, injures, or kills a person or an animal for no apparent cause

How Much Time Do You Have in New York to File a Lawsuit After a Dog Bite?

There is a statute of limitations in New York dog bite law. The Act compels you to bring your dog bite case within three years of the bite. Failure to file within the timeframe may result in the court prohibiting you from filing at all. If you believe that the landlord’s dog was to blame for the harm, pay attention and follow the statute of limitations.

Contact a New York Dog Bite Lawyer Right Away.

If you or someone you know has been attacked by a dog, the first thing you should do is seek free legal advice from a New York dog bite lawyer. US Legal Law’ award-winning attorney have assisted thousands of clients in obtaining maximum compensation following a traumatic accident.

For a free lawyer consultation, please contact us right away!

Justin William, Esq.

Call Now to Schedule Your Free 1 Hour
Peace of Mind Briefing: (718) 414-6642

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