You may be able to hold more than one party liable for a dog bite injury. However, New York’s mixed liability laws can make these cases complex. At Chopra & Nocerino, our compassionate attorneys work hard to pinpoint at-fault parties in a personal injury case.
We will negotiate against insurers, collect vital evidence, and secure the compensation you deserve. Contact our trusted NYC dog bite lawyers today to get started on building a compelling case.
- Dog owners are typically liable for damages, such as medical costs. However, landlords, property owners, dog walkers, and minor owners’ parents may also be liable depending on their knowledge and control.
- Common defenses for a dog bite include provocation, trespassing, lawful protection of property, and working dog exemptions. These must be proven, and the lack of owner liability does not eliminate others’ responsibility.
- Key evidence for a dog bite claim includes medical records, witness statements, police or animal control reports, photos and videos, and the dog’s history of aggression.
- Medical costs are strictly recoverable, while pain and suffering requires showing the dog had vicious tendencies or the owner knew of them.
- Chopra & Nocerino can help file a dog bite claim on behalf of injured victims and navigate complex legal proceedings. You can schedule an initial consultation today to learn more.
Who Can Be Held Responsible in a Dog Bite Case?
Multiple parties may share responsibility for a dog bite depending on the facts of the incident. In New York, liability hinges on a dog owner’s control of the animal and their knowledge of the risk.
The Dog Owner
Generally, the dog’s owner is the primary party who may be held liable in a dog bite case. Under New York law, owners are strictly liable for the victim’s medical expenses when a bite occurs, whether the person was in a public place or lawfully on private property. This means the owner must cover the medical costs resulting from the incident, even if they had no prior reason to believe the dog was dangerous.
However, more subjective damages, such as pain and suffering, require the plaintiff to prove that the dog owner knew, or should have known, the animal was dangerous. Evidence for this might include a history of prior bites or aggressive behavior.
Property Owners and Landlords
Property owners and landlords can be held liable for injuries caused by a tenant’s dog if they knew or should have known about the dog’s dangerous or aggressive behavior. Liability generally results from failing to take reasonable steps to prevent harm, such as managing access to the premises, warning visitors, or enforcing lease rules regarding dangerous animals. It is important to note that property owners and landlords are not automatically liable like a dog owner; the key factor is knowledge of the risk and a failure to act.
Dog Walkers and Pet Sitters
Handlers, such as dog walkers or pet sitters, may be liable if they are negligent while the animal is under their care. Negligent supervision might look like off-leash walking or failing to separate aggressive dogs from other animals or individuals. In some cases, professional dog walking and sitting services may carry insurance for such liability.
Parents of Minor Dog Owners
In New York, parents may be held liable for a dog owned by a minor because minors generally cannot be legally responsible for licensing or controlling the animal. Since dogs must be licensed by four months of age, the parent or guardian is usually listed as the legal owner. If the dog injures someone, the adult listed on the license, rather than the minor, will be responsible for damages. If the parent knew or should have known of the dog’s dangerous tendencies, their liability may extend beyond medical expenses to include pain and suffering.
When Is a Dog Owner Not Liable for a Bite?
Insurers and defense attorneys may use several arguments to remove or reduce an owner’s liability in a dog bite case. The primary defenses seen in these cases include provocation, trespassing, lawful protection of property, and the working dog exemption.
- Provocation – If the victim intentionally provoked the dog by teasing, hitting, or cornering it, the owner may not be fully liable. State law recognizes that an animal may react defensively when provoked.
- Trespassing – If the victim was illegally on the owner’s property at the time of the bite, liability may be limited or eliminated. Liability generally applies only to individuals lawfully on the premises, such as a guest or an invited neighbor.
- Lawful Property Protection – Owners may defend a bite if the dog was acting to protect a home, business, or belongings from a perceived threat. However, the dog’s actions must be reasonable and proportional to the threat.
- Working Dog Exemption – Animals actively performing work, such as police, herding, or guard dogs, may be protected from strict liability claims. This exemption largely depends on whether the dog was properly trained and performing its duties at the time of the bite.
While it is not uncommon for insurers and attorneys to employ these defenses, they must still be proven with evidence. Additionally, just because the dog owner is not held liable under strict liability, it does not automatically mean no one is responsible for the injuries.
Other parties, such as property owners, landlords, or even caretakers, could still be held liable if they had knowledge of the dog’s dangerous tendencies or failed to exercise reasonable control.
What Evidence Is Needed To Prove Liability?
Proof of fault relies on documented and credible evidence. Key evidence to collect in a dog bite claim includes the following:
- Medical records – Medical records show the nature, extent, and timing of injuries, which can help link the injury directly to the dog bite and provide documentation of treatment costs, ongoing care, and any long-term or permanent injuries.
- Witness statements – Eyewitnesses can testify about how the bite occurred, whether the victim provoked the dog, or whether the owner was negligent in controlling the animal. They can also describe the immediate impact on the victim, including physical pain, emotional distress, and difficulty performing daily activities.
- Animal control or police records – Records can show prior complaints, citations, or incidents involving the dog, supporting claims that the owner knew or should have known the animal was dangerous.
- Video and photos – Visual evidence can capture the actual incident, the dog’s behavior, the environment, and the victim’s actions, helping confirm or refute defenses such as provocation or trespassing. These can also illustrate the severity and progression of injuries, strengthening claims for medical and non-economic damages.
- The dog’s history of aggression – Prior aggressive behavior reveals that the owner knew or should have known about the dog’s dangerous tendencies. This information could even justify higher compensatory damages by indicating the owner’s negligence in preventing foreseeable harm.
Our skilled attorneys can gather evidence to establish fault and calculate damages in support of your personal injury claim.
How Do New York’s Dog Bite Liability Laws Work?
New York’s hybrid liability system differs from that of other states and can complicate a personal injury case. In dog bite cases, it combines elements of strict liability and negligence. This makes certain damages automatically recoverable, while others require proof of the owner’s knowledge or fault.
Medical bills fall under the strict liability standard, meaning the owner is responsible for medical costs regardless of whether they knew the dog was dangerous. However, non-economic damages like pain and suffering are negligence-based and require the victim to show the dog had vicious propensities like biting, lunging, and other prior aggression.
The Flanders v. Goodfellow Case
In Flanders v. Goodfellow, the Court of Appeals reinstated both strict liability and negligence claims in a case involving a postal worker who was bitten by a dog. The court determined that testimony from postal workers created a factual question about whether the owners knew the dog had vicious tendencies. It also overturned its previous rule that prevented plaintiffs from bringing common-law negligence claims for injuries caused by domestic animals. As a result, victims in New York can now pursue strict liability, negligence, or both, which can strengthen a claim and allow recovery of a broader range of damages when an owner’s carelessness contributed to the incident.
Why Choose Chopra & Nocerino for a Dog Bite Case?
If you have been injured by another person’s dog, it can be challenging to know the following steps, especially if the animal belonged to a family member or a neighbor. Our seasoned attorneys can handle all the legal complexities of your case, allowing you to focus on recovery.
Call our law office at (855) NYC-HURT to schedule an initial consultation today. We can go over the details of your case and determine whether you have an eligible claim for compensation.
