New York Dog Bite Injury Attorneys

While dogs may be man’s best friend, dog bite injuries are still common throughout New York. Regardless of breed, size or training, any dog is capable of inflicting harm upon a person.

At DeMore Law Firm, PLLC, in Syracuse, New York, our experienced personal injury lawyers have more than 30 years of experience representing injury victims throughout the state in various personal injury cases. We invite you to call us and find out more about how we can help you discover your legal options.

Defining “Dangerous Dogs”

The New York Agriculture and Markets Code Section 121, which deals with liability for dog bite incidents, defines a “dangerous” dog as one that:

• Attacks and either injures or kills a person, farm animal, or pet without justification
• Behaves in a way that causes a reasonable person to believe that the dog poses a “serious and unjustified imminent threat of serious physical injury or death.”

There has been an exception made to the definition of a dangerous dog:

• Law enforcement dogs can never be deemed as a dangerous dog
• When dog is provoked by a person and the dog’s responses was biting or injuring that person
• When the dog was trying to protect its home against a trespasser on the property or preventing a crime from occurring on the property

Beyond the owner, there might be others that can be responsible for paying compensation for dog bite injuries. The statute says that anyone who “harbors” a dog can be liable. This may mean that a property owner who leases their property to a tenant who owns a vicious dog may be liable if they knew the tenant had a vicious dog on their property.

How Dog Bite Laws Work In New York

There are several legal frameworks in dog bite cases. New York uses a mixture of the “one bite” rule and the “strict liability rule.”

• The One Bite Rule – This rule relies heavily on the fact that the owner may know, or reasonably should have known, about their dog’s “dangerous” propensities. The first incident of the dog’s dangerous or harmful behavior, such as biting someone, is subject to exclusion because the owner would likely have no reason to know. However, any subsequent incidents would make the owner liable to pay for injuries their pet causes.
• The Strict Liability Rule – This approach of strict liability means that the owner of a dog will be held liable or responsible for all of the injurious acts of their dog, regardless of whether or not they had any reason to know that their dog was dangerous.
• New York’s Approach – The state takes a hybrid approach of the one bite rule and strict liability. Here, there is strict liability for owners of dangerous animals specifically for medical costs. All other sorts of damages are recoverable by proving that the owner was negligent. This could be shown by failure to put the dog on a leash or properly enclose their property.
• Statute of limitations – You have up to three years from the date of the incident to file your claim in court. If this date is missed, you can be barred from filing your complaint forever.

Proving Dog Bite Liability In New York

New York dog bite law generally requires proof that the owner knew the dog was dangerous for full damages. Building your claim starts with gathering the right evidence:

• Prior bite history (when available): Records of the dog previously attacking or threatening someone
• Owner statements: Admissions the owner made about the dog’s behavior
• Animal control records: Official reports of prior complaints or incidents
• Witness testimony: Accounts from people who saw the dog act aggressively
• Medical records: Documentation linking your injuries to the attack

The strength of your evidence directly shapes the outcome of your case.

How New York Law Protects Children In Dog Bite Cases

Children suffer some of the most serious physical injury in dog attacks. New York law centers these cases on a concept called vicious propensity, which refers to a dog’s known tendency to act dangerously toward people or other animals.

Courts look at a range of behaviors to establish vicious propensity, including:

• Growling or snapping at people
• Lunging at children or adults
• Chasing or threatening behavior
• Jumping aggressively at people
• Prior biting or scratching incidents

Liability attaches when the owner knew about these behaviors, and New York courts apply expanded protections in cases involving child victims.

How Much Is Your New York Dog Bite Injury Claim Worth?

The value of your dog bite injury claim depends on the severity of your injuries. Medical costs, lost wages, and pain and suffering all factor into your total recovery, and cases involving permanent scarring, long-term treatment or trauma often result in higher settlements. We review every detail to pursue the full compensation New York law allows.

How DeMore Law Firm, PLLC, Can Help

Are you a victim of a dog bite injury in New York? If you have any questions regarding a potential dog bite claim, call DeMore Law Firm, PLLC. The help of experienced and diligent personal injury attorneys can make all the difference in getting you your maximum compensation. Call us today for a free consultation where we can hear the details of your case and help you make informed decisions about the best course of action in your circumstances. Reach out to us online or call us at 315-413-7000.