New York Dog Bite Law
Many people love dogs. After all, they’re cute and love to cuddle. However, it’s important to remember that dogs are animals and can snap at any instant. Because of this, New York Dog Bite Law is in place to protect victims of dog bites. Knowing these laws can protect you in the future if you do happen to come in contact with a scared or dangerous dog. Additionally, if you own a canine, it’s important to educate yourself about the consequences of a dog bite. If you or someone you know was a victim of a dog bite, there may be a solution for compensation for you. Schedule a free consultation with an experienced Queens dog bite lawyer at Shaevitz & Shaevitz law offices.
One Bite Law
New York strictly follows two different types of dog bite laws. The first and more frequently recognized law is known as the One Bite law.
One Bite laws were one of the first forms of protection against dog bites before the 20th century, and it can still be followed today. This law states that a dog owner can only be held liable for the dog bite if the owner had prior knowledge about their canine’s demeanor or likeliness to attack. Some instances where this is applicable is if the owner knows the animal has bitten somebody before, if the dog has displayed frightening or vicious behavior, or if the canine has been trained to fight.
On the other hand, if the dog has never bitten somebody before, if the plaintiff was trespassing, or if the dog was provoked by the plaintiff, the dog owner may not be held liable.
Strict Liability Law
More recently, strict liability dog bite laws are being followed in New York. As the name suggests, dog owners are penalized more sternly for their pet’s actions under the strict liability law.
The strict liability law differs from the One Bite law in the sense that the owner is held responsible for any negative action the dog has on the plaintiff as long as the dog is not provoked by that same plaintiff. This means that regardless of whether the owner could’ve done something to prevent the bite in the first place, they will be held liable.
The strict liability law is one that is debated, as the One Bite law allows for personal responsibility when there were initial warning signs displayed.
Exceptions to New York Dog Bite Law
Though the One Bite law and the strict liability laws are followed in New York, there are exceptions that exclude plaintiffs from obtaining compensation due to their dog bite.
These exceptions include but are not limited to provoking the canine through torment, abuse, or assault; if the dog was protecting their owner, puppies, or itself; if the pet was protecting their home from trespassing; if the dog bite came during interaction with the animal while it was in pain or suffering; and if the canine is a law enforcement animal. These exceptions excuse liability.
Personal Injury Claims
If you or a loved one was bit by a dog, if you don’t fall into one of the exception categories, you could likely be eligible for personal injury compensation. Personal injury claims state that someone else has caused you damage and they should be held liable for the expenses that accrue from this damage.
Under New York’s One Bite law and strict liability law, you may be able to prove that the dog bite is under the owner’s liability. This process could be simpler with the help of an experienced Queens dog bite attorney.
Get the Compensation You Deserve with New York Dog Bite Law
When it comes to personal injury claims, especially in the case of dog bites in New York, you deserve the most compensation possible. If you or a loved one has been the victim of a dog bite, you may be eligible for liability compensation.
The process of filing a personal injury claim can be long and emotionally tolling, so hiring an attorney to guide you through the process can help alleviate stress. Shaevitz and Shaevitz law offices handle all types of personal injury cases in New York. Call us today for a free consultation and to discuss how we can best suit your needs.
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