An attacking dog is dangerous and can lead to health complications and even death. The New York Agriculture & Markets Law, Section 121 addresses dog bites and related injuries. According to the law the owner or custodian of a dangerous dog is responsible for medical expenses arising from dog bite injuries caused to a person, livestock or companion/service animal.
If you or your loved one has been bitten by a dog, contact our New York City dog bite injury attorneys who can help you file a personal injury claim for:
- Cost of medical treatment
- Loss of wages due to your absence from work as a result of injuries
- Pain and trauma
New York’s Strict Liability and Negligence for Dog Bites
In case of a dog bite, the owner is strictly liable for medical bills caused by dog bite injuries. This law is strictly followed even if the dog is controlled by the owner to a fairly reasonable extent.
The victim of the dog bite, in order to recover damages over and above the medical bills, needs to prove that the dog had the dangerous propensity to attack and bite people. Besides, the victim needs to prove that the owner was aware of this tendency. This is also known as the “one bite” rule.
Criminal Law
The New York Agriculture & Markets Law, Section 121 defines a serious dog bite and the related punishments. If a dog is considered dangerous and the owner negligently allows the dog to bite someone, the injury is considered a serious injury. The owner of the dog is said to have committed a misdemeanor for which he pays $1,000 fine and spends 90 days in jail.
Serious injury is one that can cause:
- Death
- Disfigurement
- Impairment of health
- Impairment of organ function in body
In case a “dangerous dog” – a dog considered dangerous previously – is either out of control or somehow attacks someone and kills, the owner can be punished under class A misdemeanor of New York Agriculture & Markets Law, Section 121, subdivision 9. Call our New York City dog bite injury attorneys to know more about dog bite injury statutes in New York City.
Some landmark rulings by the court are:
- The presence of a warning sign such as “Beware of dog” need not mean that the owner is aware of the dog’s vicious nature to attack.
- A chained dog that is barking need not mean that it is dangerous and vicious.
- In order to prove the vicious nature of the dog, evidence of victims of past attack is admissible.
Statute of Limitations
There are time limits within which civil cases can be brought to the New York courts. In order to bring personal injury cases arising from dog bites, the statute warrants filing a case within three years from the date of dog bite injury.
Call Our Attorneys Now
The New York City dog bite injury attorneys can represent you and win huge settlements for your dog bite injuries. Rosenberg, Minc, Falkoff & Wolff have law offices located in Astoria, Queens, New York City and two locations in Brooklyn. Let us help you recover comfortably. We don’t get paid until you are paid. Call now: 212-344-1000.
We know how to win cases. You have been wronged; let us help you secure the compensation you deserve. The first consultation is free!
