As companion animals assume a more significant role in their owners’ lives, the number of laws protecting them, including tort laws, has also increased. Consequently, should a pet inflict harm upon another, legal recourse is generally available against that pet’s owner. However, the state limits a pet owner’s compensation to the economic value of the pet and out-of-pocket expenses like veterinary bills. Please continue reading as we explore what you should know about these matters and how our determined Westchester County Dog Bite Attorneys can help you fight for the compensation you deserve.
Can You Sue a Dog Owner for a Bite in New York?
New York law applies a combination of strict liability and negligence principles in dog bite cases. Strict liability primarily covers medical expenses, holding dog owners accountable for these costs even without prior knowledge of the dog’s aggression.
Pets are generally classified as property. Therefore, lawsuits involving pets typically seek monetary damages for loss or injury rather than emotional distress. For damages beyond medical expenses, such as pain and suffering, lost wages, or emotional distress, the negligence principle applies. This requires demonstrating that the pet owner’s negligence in training their pet contributed to the cause of the injury.
Historically, the “one bite rule” influenced liability, indicating that an owner was responsible for subsequent injuries if the dog had a history of biting or dangerous behavior (vicious propensities). However, the state has expanded the grounds for suing dog owners, allowing negligence claims even if the dog has no history of aggression if the owner failed to take reasonable precautions to prevent the attack.
Who is Eligible to File a Dog Bite Claim?
In the unfortunate event that you have been bitten by a dog in New York, you may be entitled to pursue legal action after meeting certain conditions. First, you will need to satisfy the statute of limitations. Generally, the statute of limitations for dog bite cases is three years from the date of the incident. If you wait too long to take legal action, it could result in relinquishing your right to sue.
Your legal standing on the property is also a crucial factor. If the bite occurred in a public area or while you were legally present on private land, you likely have a legitimate claim. However, if you were trespassing when the bite happened, your capacity to receive compensation might be restricted. The court will investigate whether you incited the dog. Victims who were teasing, tormenting, or otherwise provoking the animal are typically not eligible for compensation.
Given the complexities of these cases, it’s in your best interest to consult with an experienced attorney from Hausman & Pendzick today so we can assess the unique details of your case, advise you on your legal options, help you navigate the legal process, and fight for the justice you deserve. Connect with our firm today to learn more.