New York Dog Bites & Animal Attacks

If you were bitten by someone else's dog in New York, you may be entitled to compensation from the dog owner or his or her insurance company to reimburse you for costs related to your dog bite injury.

New York uses what are known as strict liability laws and one-bite laws when it comes to dog bites.

New York Strict Liability Laws

Strict liability means that the dog owner is responsible for any injury caused by the dog, regardless of whether the dog had a history of biting. Even if the owner takes proactive steps, such as posting signs on his or her property warning people about the dog, the owner is still responsible if his or her dog hurts someone. There are, however, a couple of exceptions to strict liability laws. A dog owner probably is not responsible if their dog bites:

• A person who is trespassing on their property without permission
• A veterinarian who is treating the dog
• A person who is provoking the dog to respond aggressively

In New York, strict liability laws only apply to an injured person's medical costs.

New York One-Bite Laws

For all other dog-bite injury expenses, New York applies that is known as a one-bite law. This law says that dog owners are not responsible the first time a dog bites someone, but if the dog bites anyone after that, the owner is held responsible for any damages. Once the dog's owner knows that the dog has the potential to bite, the owner has the responsibility to ensure that the dog never bites anyone in the future.

One-bite laws do not care how much time passes between the first bite and the second bite. Nor does it matter if the dog bites the same person or a different person the second time.

The exception to the one-bite law is if the dog owner had reason to believe the dog might bite. In this case, the owner would be liable the first time his or her dog bites someone.

If You Are a Victim

If you are the victim of a dog bite, you may be able to recover money from the dog's owner (or his or her insurance company) to compensate you for:

• Medical bills, including medication and future treatment for scar reduction
• Mental health counseling
• Lost wages
• Torn clothing
• Pain and suffering

How Long Do You Have to File a Claim?

New York law gives you three years from the date of the dog bite to file a claim against the dog's owner. (This is known as the statute of limitations.) If you and your New York personal injury lawyer are unable to negotiate a settlement with the other party (or their insurance company), you should consider filing a lawsuit before the statute of limitations runs out.

Additional New York Dog Bite Resources

New York Unified Court System for more information about New York courts

Animal Bite Monitoring/Rabies Surveillance in New York City

New York City Animal Bite Report Form