Dog Bite Laws Of Ny For Owners And Victims

Under this approach an owner is not held responsible if they had no knowledge that the dog might cause harm.
Dog bite laws of ny for owners and victims. New york dog bite law new york is a mixed state meaning that it has a dog bite statute that mixes the one bite rule with a limited degree of strict liability. New york does not have a dog bite statute that outlines when an owner will be subject to statutory liability except in cases involving dangerous dogs. If the dog is deemed dangerous the owner of a dangerous dog will be strictly liable for all medical costs resulting from injuries caused by the dog. These laws don t really give a dog and its owner one free bite.
For example even if the dog has not been declared dangerous if a dog owner permits the dog to bite a person or a service dog the owner may be fined up to 400 in new york. The one bite rule can let an owner off the hook the first time a dog causes harm. If the dog bite causes serious physical injury to a person or service dog the fine may be as much as 800. N a one bite rule.
Under that statute in addition to common law liability a dog owner who negligently permits his or her dog to bite someone is subject. The most significant hurdle for victims of dog bite attacks in new york remains the burden of proof required to satisfy a vicious propensity and knowledge of the aforementioned propensity. For medical bills resulting from a dog bite injury the dog s owner or custodian is strictly liable even if he or she used reasonable care to restrain or control the dog. The statute covers both injuries caused by bites and non bite injuries like those suffered when a dog knocks a person to the ground.
New york uses a combination of strict liability and negligence for dog bites and other dog caused injuries. A dog owner may be liable if the owner knew or should have known the dog might act aggressively. New york agriculture markets code section 123 part of the laws of new york addresses a dog owner s potential civil liability when the owner s dog injures another person. In new york for example a dog owner will be held liable for injuries caused by their dog if their dog has been declared dangerous.
In fact sometimes a dog may bite a person bad enough to cause serious injury or even death. Dog owner may be held liable if victim can prove owner had prior knowledge of dog s dangerous propensities. However new york does have a statute for civil penalties.