If you get bitten by a dog, can you sue for damages?
Dog bites are certainly distressing and are often dangerous. Here’s what you need to know about getting bitten by a dog in New York City.
New York Dog Laws
New York dog bite law works as follows:
- The owner of a dog known to be dangerous is strictly liable only for the victim’s medical and veterinary costs. Other costs, such as pain and suffering or lost wages, are only available if the dog owner acted negligently by failing to warn others about the dog’s dangerous nature or to protect others from harm. Such an owner may also incur criminal penalties if the dog causes death or serious disfigurement to a victim.
- If the dog, to the owner’s knowledge, has never bitten anyone or acted aggressively before, they generally are not liable for the dog attack, and you’d need to pay for your medical or veterinary costs some other way.
- Dog owners generally aren’t held responsible if the victim provoked the attack or trespassed on the property.
What behaviors are considered “provoking” behaviors?
- Approaching an unknown dog or a dog whose owner is not present.
- Bothering a dog who is eating, sleeping, or caring for puppies.
- Reaching over a fence or through a fence to pet a dog.
- Poking, hitting, pulling, pinching, or teasing a dog.
- Chasing a dog or running and screaming.
- Leaving a baby or a child alone with any dog.
When is a dog considered dangerous?
There need to be indications that the dog may be aggressive, such as:
- Incidents where the dog has bitten others in the past.
- The dog was trained to attack.
- The dog tends to jump on people.
- The dog displays frightening, vicious behavior such as chasing, growling, and aggressive barking.
What to Do After a Dog Bite Accident
If a dog has bitten you, take the following steps.
- If the dog poses an immediate danger to you or others, call 911. Otherwise, call 311 to report the bite. The Health Department can help determine if you need a rabies shot.
- Get the dog owner’s name, address, and phone number. If you don’t know that information, take a picture of the dog or gather details that might help someone else identify the dog and its owner.
- Wash the bite wound with soap and water.
- Obtain medical care. Follow all of the doctor’s instructions and save all copies of the medical records and bills.
It’s usually wise to secure legal representation right away. Contact our offices to schedule a free consultation. We’ll help you determine whether you have a viable dog bite case and will help you determine your next steps.
See also:
The Importance of Documenting Your New York Personal Injury Claim
Types of Damages in Personal Injury Cases
Understanding Negligence in New York Personal Injury Cases