Changes in New York dog bite law have made it easier for victims of animal attacks to recover compensation for their medical expenses, disability, disfigurement, and suffering. Thanks to a recent ruling by the New York State Court of Appeals, dog owners no longer have the protection of a “one-bite” rule if their animal attacks another person.
Now, dog bite victims can bring legal claims based on negligence, even if the dog that attacked them never displayed vicious propensities or hasn’t been classified as a “dangerous dog.”
What Is a One-Bite Rule?
Dog owners are responsible for their animals’ behavior. Some states have rules in place that hold dog owners strictly liable when their dog attacks another person. Liability is automatic, even if the dog has never bitten anyone before or the owner tried to keep the dog restrained.
Other states have a one-bite rule, which means a dog’s owner isn’t strictly liable for damages the first time their dog bites someone. The owner is only liable when they know or should know that their dog has vicious propensities. In other words, the first bite is free.
For years, New York operated under a modified version of a one-bite rule. Dog owners were only liable for a victim’s medical bills the first time their dog attacked another person. If the victim wanted to recover additional compensation, they’d have the burden of proving that the dog had exhibited vicious propensities in the past.
New York Recognizes Negligence as a Cause of Action for Dog Bite Cases
Unless a dog had bitten someone in the past or displayed aggressive tendencies, it was difficult for dog bite victims to recover compensation for lost wages, disability, physical disfigurement, pain and suffering, and other damages. Since dog owners were only fully liable if their animal had been classified as “dangerous,” victims often had to try to seek compensation from other potentially liable parties – such as landlords, businesses, government agencies, or other property owners.
Now, however, the New York State Court of Appeals has reversed course, holding that dog owners can be liable if their negligence contributes to a dog bite – even if the dog has never been aggressive in the past.
In its decision in Flanders v. Goodfellow, the court explained, “A plaintiff who suffers an animal-induced injury therefore has a choice. If the owner knew or should have known the animal had vicious propensities, the plaintiff may seek to hold them strictly liable. Or they can rely on rules of ordinary negligence and seek to prove that the defendant failed to exercise due care under the circumstances that caused their injury.” This means that a dog’s owner can be liable for dog bite injuries the first time a dog bites if they:
- Violate New York leash laws
- Permit their dog to roam free
- Fail to keep their dog confined in a yard or home
- Allow a child to interact with a potentially aggressive dog
If you, as the victim, can prove that the dog’s owner owed you a duty of care and breached it, they can be liable if that behavior directly contributed to your dog bite injuries. You can recover compensation for all of your dog bite damages if the owner was negligent, not just your medical bills.
Call an Experienced New York Dog Bite
Attorney for Help
Dog bite laws in New York are evolving. As a victim, you’ll want to work with a law firm that’s anticipated and prepared for changes in New York’s legal landscape. At The Platta Law Firm, these are changes we’ve advocated for. We’re ready to fight for dog bite victims on any applicable legal grounds – including strict liability and negligence.
Every second counts, so don’t hesitate to call our New York dog bite attorneys for help. We’re award-winning litigators with a multi-million-dollar track record of success. Our case results yield life-changing monetary awards and help to shape New York civil law. We’re the experienced trial attorneys you’ll want at the helm of your dog bite lawsuit. We offer a free consultation. Contact our Manhattan law office to speak with our team about your dog bite case today.
