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One Bite Rule Vs. Strict Liability In New York


One Bite Rule Vs. Strict Liability In New York

In New York dog bite law, the one-bite rule is merged with strict liability to some point. The one bite rule releases the owner of the dog that bites a person once. Therefore, the owner cannot be sued if he is not aware of how dangerous a dog can be. Strict liability rule imposes the liability of an owner for all the damage done by a dog with or without knowledge of its malignancy.

Under the strict liability rule, the owner has to stand responsible for all injuries caused by a dog without any knowledge of the fact that her or his pet is dangerous. Under these laws, the owner should interpret some of the dog’s conducts as a means to signify that it may be extremely harmful or differently. These laws state that the owner should understand some of the behaviors from dogs to determine whether they pose a threat or not.

For instance, jumping on people, fighting with other dogs, and ferocious barking can signify that the dog is incredibly dangerous. According to the New York dog bite laws, any previous sentence of a court that declares an animal “dangerous”, makes the owner strictly and solely liable for the medical or veterinary expenses of the victims. In addition, if the dog causes any further damages, it is victim responsibility to prove that the dog had the potential of attacking the people and its owner knew. For example, if the owner of a dog lets his pet roam free, and it bites you, there are numerous ways in which in this case, you need to prove that the negligence on the part of the owner led to an injury and any other type of damage.

Exceptions In the Rules

The dog bites are likely to lead to suits. However, the New York dog bite laws have a lot of legal aspects that grant a robust defense for dog owners in some cases. The exceptions apply if:

The Dog Was Protecting Its Den from The Intruders

Whether the dog bit as a trespasser is essentially to determine what body of law applies in this litigation. For instance, courts or juries will not make a dog owner liable for the one-bite rule if you were bitten when you were trespassing. In other cases, the court would hold that an old legal system that presumes liability be applied against landowners who failed to warn trespassers of possible danger on their land. In other cases, the court may undertake compliance with an old moral obligation about liability a landowner in case he or she did not have an opportunity to provide notice to trespasser that their property was perilous. However, if the victim is a minor, even in the absence of a warning sign, the owner of the premises is still bound.

The Dog Was Protecting Its Owner or The Puppies

Any danger arising from the dog as it bites in self-defense or some cubs is regarded as justifiable.

The Dog is Reacting to the Suffering or Agony

No injuries done by the dog in response to the pain or distress are penalized by the law. This is true if either a dog or any person or animal that it knows was assaulted or hurt. The dog was consequently provoked by the torture, abuse or assault.
However, if you incited the dog to bite you, then that individual would not be liable for your injuries. The provocation can be verbal or physical. There are several situations when the court provokes the owners’ liability, including:

  • I stumbled into a dog fight by mistake
  • It would be risky to meddle in a dog fight
  • Petting a strange dog
  • One of the effective ways of self-defense is spraying the dog with a repellant

Contact a New York Dog Bite Attorney Now

If one is bitten by a dog, he or she should visit the doctor first and then consult with an experienced New York dog bite lawyer for free. Our injury attorneys at US Legal Law provide assistance to thousands of clients to receive the highest compensation after a major accident. Please contact us or call us (718) 414-6642 for free consultation with an attorney.

Justin William, Esq.

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