In New York, there are many individuals who own dogs. Most dog owners are very responsible. It is possible for a set of circumstance to occur when the dog of a responsible owner could bite someone. It may not be the owner’s fault, but they are still going to have to face the consequences. There are also situations involving irresponsible dog owners
This is a dog that has proven to attack, injure or kill another animal or human without any provocation. These are dogs that behave in a way that a reasonable person would feel is a serious and unjustified imminent threat. These dogs are able to cause a person or other animal serious physical injury or death. Dogs who are assisting police during their work are the exception to this category. It is also possible for a victim to engage in poor conduct with the dog prior to the attack or on the day of the attack. This may exempt a dog from being identified as dangerous.
The dog bite statutes in New York make it a mixed state. The laws mix a one-bite rule with a certain level of strict liability. These laws hold the owner or keeper of a dog is liable if the dog has previously been labeled as a dangerous dog. They will be liable for any veterinary or medical costs resulting from injuries caused by their dog. In order for a victim to collect additional damages in New York, they will need to prove the dog had dangerous behavior that caused it to bite people. It will also have to be shown the owner was aware of the dog’s behavior. Dog bite victims in New York are not able to get compensation because of a dog owner’s negligence.
There are some situations in New York where a dog owner can be charged with a misdemeanor. Charges can be filed if the dog has previously been declared a dangerous dog. The injury received by the victim is a serious injury. This is an injury that results in a protracted impairment, loss of a body organ, body part, serious disfigurement or even death. Should a dog be identified as a dangerous dog, and an owner is unable to restrain the dog resulting in a death; the owner can be charged with a misdemeanor. Should a dog owner be convicted of a misdemeanor, they could face a fine of up to $1,000, incarceration for 90 days or both. Should a dog owner in New York be charged with a criminal offense relating to their dog biting someone, they may also face civil liability. This will happen if the victim chooses to pursue compensation in a civil court.
In the state of New York, it is possible to hold a landlord liable for a dog bite injury caused by a tenant’s dog. It must be proven the landlord had knowledge, at the time of the leasing, the tenant had a dog, and it was likely to a dangerous dog. In some circumstances, it is even possible for a landlord to be held liable for a tenant’s dog biting someone when they are not on the tenant’s premises. This falls under a general common-law rule. It states a landlord has an obligation to remove any problem animal by evicting the tenant.
It is possible for strict liability to be imposed on a dog owner. When this is done, the owner is liable for any and all injuries inflicted by their dog. The burden of proof is on the victim. They must prove the dog’s owner knew or should have know about their dog’s vicious behavior. This is referred to as vicious propensities. This involves a dog’s propensity act in a way that could endanger the safety of people and property of others in a specific set of circumstances.
Statute of Limitations
This is the amount of time from the date an incident occurs in New York that a person has to bring a civil case to a court of competent jurisdiction. A dog bite case is considered to fall under the category of personal injury. This means a case needs to be filed within three years from the date of the incident. Should a case not be filed within the three-year time limit, a court can bar a victim from filing at all.