What Can You Do if You Get Bit by a Dog in New York State?

With dogs being a common pet in nearly 70% of American households, incidents of dog bites are not uncommon.

According to the American Pets Products Association's (APPA) 2019–2020 National Pet Owners Survey, children between the ages of 5 and 9 are the most common age group for dog bites. Interestingly, most victims are familiar with the dogs that attack them, and individuals over 65 are particularly vulnerable to the potential risks of these incidents.

If you live in New York, knowing dog bite laws might not be a bad idea – whether your’re the owner of the dog or the person who was bit by one.

Can I Sue For Dog Bite In New York?

New York's dog bite laws vary by county, state, and city levels. Consulting a specialized dog bite attorney is essential to comprehending how these laws affect your claim in case you decide to sue. The first thing you need to make sure that you do before anything else though is to get the dog owner's contact information just in case there are any medical treatments that you have to undergo. Getting their information will also support your legal case and assist in any necessary medical decisions.

Reporting and Medical Treatment

In the case of a dog bite, reporting incidents to local authorities such as the police, sheriff's office, or animal control agency is important. Medical treatment and any associated costs should be documented as part of the legal case.

One Bite Rule vs. Strict Liability

New York's dog bite laws incorporate both the one-bite rule and strict liability. The one-bite rule states that a dog's owner is not held responsible for the first bite, provided they had no prior knowledge of the dog's aggressive tendencies. On the other hand, the strict liability rule holds the owner accountable for any injuries caused by their dog, regardless of their prior awareness of the dog's dangerous behavior.

Exceptions and Dangerous Dogs

Exceptions to the dog bite laws exist in specific situations, such as when a dog is defending its home, protecting its owner or puppies, reacting to pain, or when it has been provoked. In incidents involving “dangerous dogs,” owners may face criminal charges if their dog has a history of aggressive behavior that resulted in serious injury.

Time Limit for Filing Lawsuit

Under New York's dog bite law, there is a three-year statute of limitations from the date of the bite to file a claim. Failing to do so within this timeframe can result in the court barring the filing of a lawsuit. Therefore, it's important to speak with an attorney right after being bitten by a dog.