Can You Recover Damages if You Are Bitten by a Dog?

In New York, victims of dog bites have the right to recover money damages under certain circumstances. The ability of a victim to prevail in a lawsuit depends on various factors, including the owner's knowledge of the dog's propensity for viciousness based on past behavior. These circumstances are important to the assessment of liability and the extent of compensation that may be awarded to the victim.

In New York, liability for dog attack injuries is generally governed by the “one bite” rule. A dog owner is not automatically liable for injuries caused by their dog if, to their knowledge, the dog has not bitten anyone before. However, the liability equation changes if the victim can demonstrate that the dog had vicious tendencies that the owner knew or should have known about. In such cases, the dog owner is strictly liable for the victim's medical expenses. 

A prior biting incident establishes clear evidence of potential danger, making it difficult for the owner to argue ignorance. However, other types of evidence can also satisfy the one bite rule. Complaints from others regarding the dog's aggressive or threatening behavior can serve as substantial evidence that the owner was aware of the potential risk. Even if the dog has never bitten anyone, persistent threatening behavior could establish that the owner should have been aware of the risk posed by the animal. A documented history of vicious behavior, such as chasing people or other animals or barking aggressively while confined, can be an indication that the dog would pose a threat if not restrained. 

There are defenses available to dog owners sued over dog bite injuries. One defense is provocation by the victim, either by attempting to assault the dog or its owner or by engaging in any behavior that could reasonably provoke the animal. In such cases, the dog’s reaction may be deemed justifiable, and the owner would not be held liable for the injuries. Similarly, if the victim was unlawfully on the owner’s property at the time of the bite, they are typically unable to claim damages, even if the dog had a history of aggressive behavior.

Note that the one bite rule only works to establish liability of an owner for the victim’s medical expenses. To obtain additional damages, such as compensation for pain and suffering or emotional trauma, the victim must prove that the owner was negligent in failing to restrain the dog. An experienced personal injury attorney can advise you about your rights and remedies after an attack.

Rich & Rich, P.C. represents accident victims throughout the New York metropolitan area, from our offices in midtown Manhattan office and Roslyn Heights, Long Island. Please call 347-696-7707 or contact us online for a free consultation.