I was bitten by a dog in the mail room of my office building a few weeks ago. I grew up with dogs, have three family dogs now, and consider myself a true dog-person through and through. The suddenness and surprise of a BIG shepard lunging at me and grabbing my arm was seriously jarring. The dog bit through my shirt, tearing it, but I didn’t realize until a minute later that blood was dripping down my hand. I had several punctures from its teeth, plus a 1” incision along my forearm. The dog’s handler quickly apologized and dragged it away. I spent the next day trying to figure out who owned it, because I needed to know if I had to get rabies shots, etc. My doctor was required to report the incident to the Albany County Department of Health, and by the time they contacted me I had found the owner and confirmed that the dog was vaccinated.
IF YOU RENT AND HAVE A DOG, GET RENTER’S INSURANCE!!!!
I considered legal action, because it really got me good, but the owner informed me that they did not have renters insurance, and I was not going to go after a renter in my building that likely would not have the funds to pay a settlement. That said, if this happened to a CLIENT, I would have gone to the mats for them.
All said, here’s a quick summary of the law on dog bites in New York.
In New York State, dog owners are responsible for their pets' actions and can be held liable for any damages or injuries caused by their dogs. This includes dog bites.
Under New York's strict liability law, a dog owner is automatically responsible for any injury or damage caused by their dog, regardless of whether the dog has a history of biting or aggressive behavior - this means medical bills and property actually damaged by the dog bite. This means that even if a dog has never bitten anyone before, its owner can still be held liable, for certain expenses, for any bite that occurs.
In order to determine the amount of damages to be awarded in a dog bite case, the court will consider several factors, including the severity of the injury, the victim's medical expenses, and any lost wages or earning capacity. In some cases, the court may also consider the victim's pain and suffering - this is handled under a negligence standard, and triggers the questions of whether the owner knew, or should have known, that the dog had previously bitten someone, or had “vicious propensities”
There are some exceptions to New York's strict liability law. For example, if the victim was trespassing on the dog owner's property, or if the victim provoked the dog, the owner may not be held liable for the bite.
In addition to the state law, there may also be local ordinances and regulations that apply to dog bites. For example, some cities in New York have laws that require dogs to be on a leash at all times, or that prohibit certain breeds of dogs.
If you or someone you know has been bitten by a dog in New York, it is important to seek medical attention right away and to report the bite to the local authorities. You may also want to speak with an attorney who specializes in dog bite cases to help you understand your legal rights and options.
If you or a family member suffered a dog bite, call Sam Breslin at 518-650-3733.