New York is essentially a dog-friendly state, with almost 1 million dogs living here (including unregistered dogs). But there are laws in New York concerning dog bites that are in place to protect the public from dogs that bite or attack a person or another animal, or that are dangerous, aggressive, and/or a serious threat.
The details of every dog bite case are different, but there are certain similarities. Below are some questions that may prove informative and helpful in your situation.
In New York, all dogs are required to be collared, tagged and also must have proper vaccinations. Although there is no leash law in New York, municipalities issue their own restrictions. As an example, in New York City, Nassau County and Suffolk County (in addition to many other municipalities in New York) it is illegal to keep a dog unleashed in any public place. Some municipalities can also set curfews called “secure periods” or “nighttime quarantines,” where dogs must be properly secured after dark.
As of April, this year, the highest Court in New York relaxed the dog-bite laws in the State, and ruled that an individual may now properly initiate a dog-bite lawsuit without a precursor showing that the biting-dog’s owner was aware (or should have been aware), before the dog bite or attack, that her dog was dangerous and/or aggressive (often referred to as a “two-bite rule”). Under the new law, a biting-dog’s owner can be held liable after a bite or attack if the biting-dog owner was simply negligent with respect to their handling and/or restraint of their dog (which means whether a reasonable dog owner would have acted differently in the given situation). For example, allowing your dog to roam unrestrained, even on your own property, with access to visitors would not ordinarily be considered “reasonable”.
In addition, if it is proven that the biting-dog’s owner “knew or should have known” of their dog’s dangerous propensities prior to a dog bite or attack, a Court will hold the biting-dogs owner to be strictly liable, which means the biting-dog’s owner can be responsible for damages and resulting harm, regardless of whether the biting-dog’s owner was negligent or intended to cause harm.
All dog bites must be reported within 24 hours, absent compelling circumstances To accommodate this, many municipalities, including New York City, have an online form to report dog bites. After a dog bites you, It is extremely important for you (or someone who was with you during the attack) to immediately gather all contact information from the dog’s owner, and the dog (i.e., Take a picture of the dogs tags) as well as from any witnesses; and to contact the police (All dog bites must be reported within 24 hours, absent compelling circumstances). After the attack, you must also: 1. file a dog bite report with the local health agency in your jurisdiction (i.e., The Department of Health); 2. contact and make a report with Animal Control in your local jurisdiction; and then 3. Contact me – The New York Dog Bite Lawyer — to help you win your case (Note: We can help you with those municipal filings if needed).
When a dog attacks a person (or another animal) in New York State, there will usually be a determination by Animal Control to determine if the dog is a threat to the public. In general, a dog that causes bodily injury to a person requires a quarantine period to evaluate the dog for rabies (usually 10 days).
In addition, if the dog is ultimately deemed to be dangerous and/or a threat to the public, one or more of the following requirements may be imposed as well:
- Expert evaluation and training;
- Confinement as necessary;
- When in a public place, restraint by a leash controlled by someone at least 21 years old;
- Muzzling of the dog when in a public place;
- A requirement that the owner obtain a liability insurance policy against dog attacks not to exceed $100,000.
These costs related to a dog bite are the responsibility of the dog owner.
Dog attacks are extremely traumatic and can cause serious physical and extreme emotional injury. Where a dog owner is negligent and his dog bites another, the dog-bite victim may be able to collect medical bills, plastic surgery, emotional distress, and pain and suffering and emotional distress of the dog bite victim. A dog owner may also be able to recover any medical bills or other expenses stemming from a dog bite to the owner’s dog or other pet.
However, New York State also applies a “comparative negligence” standard, where damages received by the victim are lessened by the amount of fault placed on the victim.
It is possible, but not necessarily certain. New York State Dog-Bite Law allows a dog bite victim to be compensated for their medical bills, loss of work, pain and suffering, and/or the emotional distress caused by a dog attack – but the law only allows a lawsuit going back 3 years. Because that time-period is always running, if you were bitten in the past, it is important that you immediately contact Mack Press, The New York Dog Bite Lawyer right away, so that he may evaluate your case and protect your rights.
YES, in both situations, YOU MAY. New York Law allows a person to sue a dog owner in the “venue” where the dog-bite incident took place (and possibly others). In these situations, it is particularly necessary to contact an attorney like The New York Dog Bite Lawyer, who is familiar with the “ins and outs” of New York dog-bite law.
YOU MAY! If you are bitten by a dog on someone else’s property, whether you can sustain a lawsuit, depends on the reason you were there. For instance, if you are trespassing on someone else’s property when their dog bites you, there is a possibility the dog owner will not be liable due to your own “comparative negligence.” This may also apply if you provoked the dog in any way. However, any defense by a biting-dog’s owner could have, usually only works if the dog is restrained on the biting-dog’s owner’s property. Although dogs may not know the exact boundaries of a property, the dog owner is expected to!
The answer is generally yes. Although under the Federal Employees’ Compensation Act federal employees (such as postal workers) cannot sue the government for dog bite incidents that happen on the job (and instead must seek relief through Workers/ Compensation statutes), they still may be able to file a lawsuit against the negligent homeowner. All property owners have a responsibility to keep their properties free of hazards that could injure visitors. A homeowner who fails to restrain a dog or allows a nervous dog to run free in the yard can be held liable when their animal attacks.
And cases like these are usually covered by the liability portion of homeowners insurance. Coverage for dog bites varies, but generous policies may cover medical bills, plastic surgery, emotional distress, and pain and suffering of the dog bite victim. If you were injured by a dog while working for the USPS, contact the The New York Dog Bite Lawyer today or give us a call at 1-833-8-DOGBITE to have us fight on your behalf. You pay nothing unless we win!
YES. A UPS employee who is bitten by a dog while on-the-job can potentially sue the dog owner for damages, just like anyone else. While UPS workers are generally covered by workers’ compensation for on-the-job injuries, they also have the general right to pursue a dog-bite claim against a dog owner for additional damages, such as medical bills, plastic surgery, emotional distress, and pain and suffering of the UPS dog-bite victim. In such a case, The New York Dog Bite Lawyer would work hard on behalf of the UPS employee to evaluate the case and to initiate a lawsuit for damages beyond what is covered by workers’ compensation, such as pain and suffering, emotional distress, and additional medical expenses.
