Dog Bite Lawyers in New York City

As dog bite lawyers in New York City, we can assist you in obtaining reasonable compensation for your injuries. New York's dog bite statute is a mixture of the one-bite rule and strict liability. Dog owners are automatically responsible for paying all medical expenses related to the dog bite injury, including hospital bills, doctor visits, medications, and any necessary medical devices or equipment. Veterinary costs are also covered if the dog attacked another animal, such as a pet or service animal. However, to recover additional damages, such as lost wages, pain and suffering, or disability, the victim must prove the owner knew or should have known the dog was dangerous. This knowledge is often referred to as "vicious propensity" and requires evidence of the dog's prior aggressive behavior or attacks. Without proof of the owner's knowledge, the victim can only recover medical and veterinary expenses under the strict liability statute. A New York dog bite lawyer like us can help you pursue compenastion through a personal injury claim that fulfills the specific criteria for dog bite injuries under New York law.

When Can You File a Dog Bite Claim in New York?

Under New York's one-bite rule, a dog owner is liable for damages if they knew or should have known of the dog's dangerous propensities. This requires evidence of prior aggressive behavior or attacks and places the burden on the victim to prove the owner's knowledge. In contrast, under strict liability, a dog owner is automatically liable for medical and veterinary expenses, regardless of prior knowledge, without the need to prove the owner's negligence or awareness of the dog's dangerousness. In New York, strict liability of dog owners applies only to medical and veterinary costs, not other damages.

When filing a dog bite claim in New York, it is essential to be aware of the three-year statute of limitations. Claims must be filed within three years of the date of the attack, and failure to do so may result in the loss of the right to seek compensation. Contacting an experienced dog bite attorney like us ensures compliance with the statute of limitations.

Recoverable damages in dog bite cases include compensation for medical expenses, even if the owner was unaware of the dog's dangerousness. This encompasses hospital bills, doctor visits, medications, medical devices, rehabilitation, physical therapy costs, and psychological counseling for emotional trauma. Compensation for lost wages, pain and suffering, mental anguish, and disabilities is available only if the owner was aware of the dog's dangerousness. This includes lost income due to inability to work during recovery, reduced earning capacity if the injuries result in long-term disabilities, physical pain and emotional distress caused by the attack and subsequent recovery, and loss of enjoyment of life and other non-economic damages.

To recover both types of damages, it is necessary to show the dog's history of violence, or "vicious propensity." This involves gathering evidence of prior aggressive incidents, such as previous bites or attacks on people or animals, complaints filed with animal control or law enforcement, and witnesses to the dog's aggressive behavior. Additionally, demonstrating the owner's awareness of the dog's dangerous tendencies through warning signs, muzzles, restraints, or other protective measures used by the owner, and admissions by the owner regarding the dog's aggressive nature can support the claim.

Can a Landlord Be Held Liable for a Dog Attack in New York?

In New York, a landlord can be responsible for a dog attack if the victim shows the landlord knew about the dog and its dangerous behavior before renting to the tenant. The landlord must have known the dog was there when the lease was signed. This could be from the tenant telling the landlord, the landlord seeing the dog, or other tenants reporting the dog. The victim also has to show the landlord knew or should have known the dog was vicious. This could be from complaints, seeing the dog act aggressively, knowing about past attacks, or the tenant saying the dog had a history of being aggressive. But if the landlord only found out about the dog or its viciousness after renting, they might not be liable for attacks before they knew. Once they know, though, they could be liable if they don't do anything about the dangerous dog. The landlord should make the tenant get rid of the dog or start eviction.

A landlord can also be responsible for a dog attack even if it happens outside the rented property. This includes attacks on sidewalks, streets, common areas of the building, neighboring properties, and nearby parks or public spaces. The victim has to show the landlord knew the dog was dangerous before the attack happened. They can do this with evidence like complaints about the dog's behavior, reports of prior attacks or bites, or witnesses who told the landlord the dog was dangerous. The landlord can also be liable if they didn't do things to prevent attacks outside the property, like making the tenant keep the dog on a leash or in a fence, following lease rules or laws about controlling dangerous dogs, or kicking out the tenant or making them get rid of the dog after finding out it was dangerous

What Makes a Dog Dangerous?

Under New York Law, a dog is considered dangerous if it attacks and injures or kills a person or animal without justification. This means that the dog aggressively bites, mauls, or otherwise physically harms a person or animal without any provocation or reasonable cause, and the injuries sustained by the victim are directly caused by the dog's aggressive actions.

However, there are exemptions from the "dangerous" status under certain circumstances. Liability exemptions apply in situations where the victim provoked the attack or a dog acts aggressively to protect itself, its owner, or its property from intruders, or when a police dog engages in necessary force as part of its official law enforcement responsibilities.

If you or a loved one has been the victim of a dog bite in New York, contact the Law Offices of Albert Goodwin today to discuss your legal options and pursue the compensation you deserve. We represent dog bite victims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York.You can call us at 212-233-1233 or send us an email at [email protected]. We are located in Midtown Manhattan.