In most cases, dog owners in New York City are responsible for the behavior of their dogs. If you’ve been the victim of a dog attack or bite, the owner could be liable for the damages you’ve suffered. Navigating the complex laws regarding dog bite claims and liability in New York can be an intimidating process, especially when you need to focus on your physical and emotional recovery.
Mark E. Seitelman Law Offices have helped dog bite victims across New York City fight for financial compensation, and our personal injury attorneys have extensive experience with these specific cases and the challenges they bring.
Understanding New York City’s Dog Bite Regulations
New York City follows state law regarding dog bites, which takes a combined approach to liability in dog bite cases. Strict liability may apply in cases involving a dangerous dog. In New York, a dog may be considered dangerous if any of the following have occurred:
- The dog has a history of injuring or killing a person or animal in an unjustified attack.
- The dog has behaved in a way that would lead a reasonable person to believe the dog may injure or kill someone.
Negligence is not the focus in New York City dog bite cases involving strict liability. However, you and your attorney will need to build a strong case that shows the dog owner was negligent if strict liability is not a factor. Dog owners may be found negligent for an attack if they fail to leash their dog in public, for example. If you were attacked in someone’s home, negligence may be established if the owner did not control their dog or if the owner knew the dog might behave aggressively.
When you work with the dog bite attorneys at Mark E. Seitelman Law Offices, we will explore every negligence scenario to determine the best approach to your claim.
Does New York City Follow the One-Bite Rule?
The one-bite law is a legal concept used by many states that says a dog owner is liable for the harm their pet causes in an attack or bite if the owner knew about the animal’s prior aggressive behavior. Essentially, it’s a law that gives owners, in many situations, a free pass the first time their dog bites someone. New York does follow the one-bite rule.
If the dog that attacked you had a history of aggressive or vicious behavior, the owner may be held responsible for your injuries. However, even when a dog has never bitten or attacked anyone before, you may be able to establish that the owner’s negligence contributed to you being bitten.
Property Owner Liability for Dog Bites
Dog owners are not the only ones who may be held liable for dog bites in New York City. Property owners also have a responsibility to keep visitors safe, and if you were bitten by a dog on someone else’s property, this may apply to your case.
Premises liability laws in New York require property owners to maintain their premises and warn visitors of dangerous conditions. Landlords and other property owners who are aware of a dangerous dog on their property must warn people of the risk and perform upkeep on the property to limit the hazard, such as repairing their fence to keep the dog contained.
The same rules do not apply to trespassers as to visitors and guests of a property. Our dog bite attorneys can help you determine what duty of care the property owner owed to you when you were bitten.
Compensation Options for Dog Bite Victims in New York City
If a dog owner or property owner is found liable for your injuries after a dog bite, you may be able to recover financial compensation for a wide range of economic and non-economic damages. These include:
- Current medical bills
- Future medical expenses
- Physical therapy
- Lost income
- Loss of earning capacity
- Disabilities
- Loss of enjoyment of life
- Mental anguish
- Pain and suffering
We can help you calculate the value of your claim based on the unique factors in your case, like the severity of your injuries and your prognosis.
New York also follows a contributory fault system in dog bite cases, which means that if you share fault for the incident, your compensation will be decreased by your percentage of fault. For example, if you are awarded $45,000 for your injuries but found to be 20% at fault, your final compensation will total $36,000.
Time Limits for Filing a Dog Bite Claim After an Incident on Private Property
The time limit for taking legal action after a dog bite is known as the statute of limitations. If you were bitten by a dog on someone else’s property, you typically have three years to file a claim. There may be exceptions to this rule, so it’s important that you discuss your specific case with an experienced dog bite attorney familiar with New York City’s laws and regulations.
Missing the deadline could mean you lose your chance to hold the at-fault party liable and recover financial compensation for your injuries.
Contact an Experienced New York City Dog Bite Attorney
Mark E. Seitelman Law Offices have been helping injured New Yorkers for over three decades. Our dedication to our clients and track record of success are why 95% of our clients come to us as referrals. Contact us today to schedule a free consultation to discuss your dog bite case.