Dogs are often referred to as man’s best friend. They can be loyal companions, guard animals, or even service or emotional support animals. It isn’t surprising that an estimated 62 million households in the United States have at least one dog.
But dogs are still animals – and aren’t always predictable. Dog bites can cause serious injury, and may even be fatal. In New York, you may be able to file a personal injury lawsuit against the dog’s owner. Under New York’s “one bite” rule, you could potentially sue the owner if they had prior knowledge of the dog’s vicious propensity and recover money for your medical costs, lost wages, emotional distress, and other losses.
From our law offices in Melville, The Odierno Law Firm represents injury victims throughout Long Island. We have specific experience representing bite victims and understand how New York’s “mixed” laws related to dog attacks. Reach out today to schedule a free consultation with a Long Island dog bite attorney.
New York Dog Leash Laws
In New York, there is no state-wide leash law. Instead, leash laws are set by individual cities and towns. Most municipalities in New York have some type of requirement that dogs be leashed or restrained on public property unless in a designated area for off-leash dogs (such as a dog park).
Examples of leash laws in towns on Long Island include:
- Huntington: except as permitted in off-leash areas, it is unlawful to allow a dog to run at large on any public property. All pet owners are responsible for restraining and keeping the animal on their private property.
- Port Jefferson: dog owners must keep their dogs under restraint at all times and cannot permit their dogs to be at large.
- Islip: it is unlawful for a dog owner to permit their dog to be “at large” (off-leash) within the town.
If you violate these leash laws, then you could be fined. As discussed in greater detail below, violating leash laws may not lead to liability for a dog owner whose dog attacks someone.
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Understanding New York’s dog leash and bite laws is essential if you’ve been injured or involved in an incident. Contact us today for a free consultation.
New York Dog Bite Laws
In many states, dog bites fall under the “strict liability” rule. Strict liability means that a person can be held responsible for something even if they were not negligent. For dog bites, a strict liability rule means that a dog owner can be financially responsible for any injuries that their dog causes – even if the dog has never shown a vicious propensity.
Other states employ what is known as a “one bite” rule for dogs. This doesn’t mean that a dog gets a free bite. Instead, a prior bite or attack puts the owner on notice that their dog may be dangerous – and so they can be held liable for any dog bite.
New York uses a mix of the one-bite rule and strict liability. Under these laws, a dog owner is strictly liable for all losses that a dog attack victim suffers if the owner knew or should have known of the dog’s vicious propensities. Dog owners are also strictly liable for all medical costs if their dog causes physical injury or death to another person even if the dog has never bitten or attacked someone before.
With these mixed rules, a dog owner will be responsible for a bite victim’s losses based on whether or not they knew that their dog was dangerous:
- The dog has previously bitten or attacked a human: a dog owner will be liable for all losses, including property damage, medical bills, pain and suffering, and related losses.
- The dog has not previously bitten or attacked anyone: a dog owner will be liable for all medical costs associated with any physical injury that their dog causes.
Dangerous Dogs
If a dog has previously hurt a person or animal, it may be considered a “dangerous dog.” New York defines a dangerous dog as a dog that:
- Attacks a person, companion animal, or farm animal without justification and causes physical injury or death;
- Behaves in a way that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more people, companion animals, farm animals, or domestic animals; or
- Without justification, attacks a service dog, guide dog, or hearing dog and causes physical injury or death.
Any person who sees a dog that they consider to be dangerous can report the incident to the police or an animal control officer. A judge will then hold a hearing to determine if a dog is dangerous and then issue any orders that may be necessary to protect the public.
If a court decides that a dog is dangerous, then a judge may order that the dog be neutered or spayed and microchipped, given training, humanely confined, or humanely muzzled. In serious cases, such as when a dog has killed or badly killed someone, then a judge may order that the dog be euthanized.
In addition, if a dog is deemed dangerous, then the owner will have to pay the medical expenses of any people or domestic animals injured by it. They may also have to carry liability insurance on the dog and could face criminal charges for any future dog attacks.
What Can I Do If I Was Bitten by a Dog?
If you or your child were bitten by a dog, then you might be able to file a lawsuit against the dog owner for your bite injuries. However, the ability to file a lawsuit depends on several factors.
First, in most cases, unless the dog had dangerous propensities – and the owner knew or should have known about them – then you probably can’t file a personal injury lawsuit against the owner. This may be true even if the owner was negligent in some way, such as by allowing the dog to run off-leash.
Second, if the dog hasn’t previously bitten or attacked anyone, then you can probably only seek compensation for medical expenses. This could include medical bills for all bite injuries or other types of injuries, such as those related to a dog jumping up and knocking a person down (even if they were trying to be friendly).
Third, if the dog attack was justified in some way, then you will not be able to file a dog bite lawsuit. Dog owners are only liable for unjustified dog attacks. If the dog was protecting a person or property, then a dog owner may not be liable even if their dog had dangerous propensities.
A dog attack may be considered justified if:
- The dog was protecting its home against trespassers;
- The dog was protecting its owner(s) or its puppies;
- The dog is reacting to pain or suffering;
- The dog is a police dog that was working at the time; or
- The dog was provoked in some way.
Call The Odierno Law Firm, P.C. at (631) 752-8580 for a FREE consultation—discover your legal options after a dog attack!
For example, consider a situation where a dog is secured on a lead in its yard. A group of teenagers walk past and start to throw stones at the dog. If the dog breaks free of its lead and attacks the boys, then the dog owner will probably not be liable for any injuries that the dog causes. Similarly, if someone breaks into a house to burglarize it and a dog bites them, the owner will not be liable for any injuries that the dog causes – including medical costs.
If you were bitten by a dog, you may be unsure about your rights and options. Our Long Island dog bite lawyers will listen to your story and offer legal advice during a free initial consultation. We can help you understand your rights and options, including seeking compensation for medical bills or filing a lawsuit against the owner and their insurance company.
Compensation in New York Dog Bite Cases
It is not always possible to file a lawsuit for a dog bite. However, if the dog has previously attacked someone, then you may be able to file a lawsuit under the one-bite rule. Through this type of claim, you could hold the owner liable for all of your losses.
Compensation in a dog bite case may include economic, non-economic, and punitive damages. Economic and non-economic damages cover an injured person’s direct and indirect losses, such as:
- Property damage
- Medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Scarring
- Disfigurement
- Loss of enjoyment of life
- Emotional trauma
In rare cases where the dog bite was a result of intentional or reckless conduct, you could also seek punitive damages. This type of compensation isn’t meant to cover an injured person’s losses but to punish a wrongdoer.
If the dog wasn’t dangerous, you could still recover money for medical costs under New York’s strict liability laws for unjustified dog attacks. For example, if a neighbor’s dog bites you and doesn’t have a history of being violent, your neighbor could be responsible for your medical bills. You almost certainly will not be able to seek any additional compensation from them.
Insurance companies work hard to minimize legitimate personal injury claims – including those related to dog bites. They will often use a variety of tactics to try to reduce the amount that they have to pay out or will attempt to deny the claim outright. The best way to protect yourself and your interests is by working with a Long Island dog bite lawyer.
Bitten By a Dog? Give Our Law Firm a Call.
Dogs can be wonderful – but they can also be scary. Even a dog that you know well can attack, potentially causing severe injuries and emotional distress. While New York’s dog bite laws are a bit complicated, our legal team can help you determine your rights and will work to get you the money that you deserve for your injuries.
At The Odierno Law Firm, we fight for the rights of accident victims throughout Long Island. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free consultation with a Long Island dog bite lawyer, call our law offices at 631-933-1304 or fill out our online contact form
How Can I Afford to Pay a Dog Bite Attorney?
Personal injury law firms typically handle cases on a contingency fee basis. This means that you pay nothing up-front and only pay an attorney’s fee if you recover money through a settlement or verdict at trial. The fee will be a percentage of your total recovery, as specified in your contingency fee agreement.
When you are recovering from a dog bite, you shouldn’t have to worry about paying an hourly fee or a hefty retainer. Contact The Odierno Law Firm to schedule a free consultation with a Long Island dog bite lawyer.
How Long Do I Have to File a Dog Bite Lawsuit?
The statute of limitations for personal injury cases in New York is 3 years. With some exceptions, this means that you have to file a lawsuit within 3 years of a dog attack. If you don’t, then the insurance company and dog owner could have your lawsuit dismissed.
There are some exceptions. For example, if your child was bitten by a dog, then the clock for the statute of limitations won’t start to run until they turn 18. Reach out to The Odierno Law Firm to talk to a Long Island dog bite attorney about your case.
The Odierno Law Firm, P.C., a personal injury firm serving the residents of Long Island, has been dedicated to helping the wrongfully injured recover the compensation that they deserve for the past 30 years. The legal team at our firm handles a wide variety of injury cases such as: auto accidents, medical malpractice, wrongful death and many more! Our firm understands how devastating it can be to suffer a serious injury at the hands of a negligent party or individual, and for this reason, we do whatever we can to help our clients obtain the justice that they are looking for. If you have been involved in an accident and you believe that someone else is responsible for causing your injuries, do not hesitate to contact an experienced lawyer from our firm today. We offer a free consultation to anyone that is looking for answers.