New York Dog Bite Laws

When a dog attacks and bites an individual, it may immediately cause pain and suffering. In cases like this, dog bite victims can find some relief knowing that New York laws can help them obtain compensation for the damages they sustain.

In 2022, the state of New York received more than 900 dog bite claims, according to the Insurance Information Institute. The average settlement amount per claim was over $77,000. Homeowners' or renters' insurance typically covers liabilities that may result from a dog bite. However, if the claim amount exceeds the stated limit in the policy, the dog owner is liable to cover the expenses out of pocket.

Most of the time, minor injuries resulting from a bite from a small dog can be settled by filing a claim against the owner’s insurance company. However, suppose the bite resulted in severe injuries that caused loss of income, significant medical expenses, or permanent disfigurement for the victim. In that case, they may pursue litigation or make an out-of-court settlement.

In this article, other details about the state’s dog bite laws will be further discussed, including the timeframe for filing a case, penalties for the dog owner, and liability standards.

Dog Owner Responsibilities in New York

To be a legal dog owner in New York, one must get a dog license with validity options of one to five years. The license is attached to the dog’s collar, which needs to be worn by the pet when in public. License application can be done online or by sending the application form via mail.

After getting a license, the state has other requirements for the dog owner:

• Leash law compliance: Dogs out in public should be put on a leash that is not more than six feet long. Dog owners who don’t follow this rule may be fined $200 to $400.

• Rabies vaccination: Dogs four months old and older must receive a rabies vaccine. A veterinarian can guide owners on the type of vaccination needed and when it should be administered to their pets.

• Waste cleanup: Owners are responsible for picking up their dog’s litter.

• Dog training: People who own a dog should be able to train their dogs to comply with basic commands like “stay” and “sit.” Owners can also enroll their pets in a behavioral class.

• Pet socialization: Dog owners should train their dogs to behave in different environments and situations.

• Spaying or neutering: This can help reduce a dog’s territorial or aggressive behavior, preventing them from biting another person or animal.

Additionally, in January 2022, New York decided that there would no longer be any breed-specific legislation for dogs. The state explicitly prevents its municipalities from discriminating against any dog breed.

Liability Standards in New York Dog Bite Cases

New York dog bite laws blend the one-bite rule with strict liability if a dog with a history of viciousness bites someone. This means a dog owner is strictly responsible for any damages resulting from their pet’s bite.

Proof of a dog’s past aggressive acts can establish an owner’s awareness of their pet’s vicious capabilities. Note that the mere presence of a “Beware of Dog” sign is not considered conclusive evidence, leaving room for factual determination in such cases.

Meanwhile, claims of negligence are generally not enough reason to recover compensation, except under specific circumstances. For example, a dog bite victim must establish that the owner did not take the necessary measures to stop the incident, even though they already knew about their pet's temperament.

The usual defenses dog owners use against dog bite claims are the following:

• The dog defended its owner from a potential threat or animal attack.

• The victim provoked the dog to act aggressively, despite their knowledge of the animal’s vicious tendencies.

• The victim was trespassing on private property.

• The victim disregarded warning signs of a dangerous dog on the property.

If the bite is from a service animal or police dog, a victim may find themselves in a complicated situation. However, New York’s dog bite laws will still be followed, whatever the situation is.

In cases of service dog bites, strict liability will remain the primary means to seek compensation. These dogs typically have a history of training and non-aggression.

Under the “unjustified attack” defense, a dog’s past dangerous behavior is not required. Service dogs often wear vests warning people against disturbance, supporting the owner’s argument that a provoked bite is not their fault. If provocation is proven, the victim’s compensation claim becomes invalid.

In cases where police officers deploy their dogs as an attack option when less harmful alternatives are available, excessive force may be grounds for legal action. As such, police officers must exercise caution. Victims of unjustified police dog attacks are entitled to seek compensation for economic and non-economic damages.

Statute of Limitations in New York for Dog Bite Cases

Under the New York Civil Practice Law and Rules, an individual has three years from the date the incident happened to initiate a personal injury lawsuit in the form of a dog bite case. Victims are encouraged to pursue legal action sooner rather than later because witnesses may transfer to a different location, memories of the incident may get hazy, and evidence may disappear.

Dog bite settlements in New York typically range from $10,000 to $100,000, depending on the case. Factors affecting the settlement amount include liability, injury severity, negligence, and whether a case is resolved in or out of court.

Civil Penalties for Dog Bites in New York

Although New York mixes strict liability, negligence, and the one-bite rule in dog bite cases, it is firm with the penalties dog owners may face. Apart from paying the usual damages, they may also have to pay the following fines, depending on the situation:

• Up to $400 if their pet attacks another person or service animal.

• $1,500 if their pet’s bite results in lost income, medical expenses, and other related costs.

Criminal Penalties for Dog Bites in New York

On top of the damages a dog owner is accountable for, they can be charged with a misdemeanor. This results in a $1,000 fine with a jail time of 90 days if they have been negligent in preventing their dog, which has been deemed dangerous, from biting another person.

They can also face a class A misdemeanor if their dangerous dog has escaped from its cage or their care. They will receive more significant penalties for dog bites leading to death, disfigurement, or organ impairment.

Reporting and Handling Dog Bite Incidents

The following steps should be taken when an individual gets bitten by a dog:

1. Seek medical assistance, whether the injury is serious or not. This is required to prevent wound infections and rabies. Having medical documentation of the incident can also help in recovering compensation.

2. After receiving medical attention, the victim should report the dog bite to the New York Department of Health right away. It is ideal to make the report within 24 hours. Victims will be asked to share the location of the incident, the dog’s breed and size, and the owner’s details, if available.

3. After reporting the incident, dog bite victims are encouraged to seek a lawyer's assistance to learn about their legal options.

How to Find a Dog Bite Attorney in New York

Residents of New York may go online if they need to hire a dog bite lawyer to assist them with their case and fight for their rights.

Hiring a dog bite lawyer can be beneficial in various aspects of the case. These include gathering evidence like witness testimonies and medical records, identifying the liable owner (if unknown), determining the right amount of compensation, negotiating with the other parties involved, and updating the victim on the case's progress.

Learning how much a dog bite lawyer costs in New York can be tricky, as it depends on the specifics of a case. However, most law firms work on a contingency basis, which means that one’s attorney will only get paid once the victim gets their compensation.

Other Resources for Dog Bite Victims in New York

Lawyer Referral and Information Service

The Lawyer Referral and Information Service is a New York State Bar Association program that connects individuals to the legal resources that fit their situation. It provides free consultations for medical malpractice, Social Security, workers’ compensation, and personal injury cases like dog bites.

The Legal Aid Society

The Legal Aid Society provides legal services for low-income New York residents. It also has volunteers who offer pro bono services to individuals who meet their financial eligibility requirements.

New York City Health

The New York City Health website provides valuable information for individuals who have experienced dog bites. For instance, it shows what one should do after the incident. The website also has information regarding the responsibilities of dog owners.