New York Dog Bite Laws

New York’s dog bite statute, N.Y. Agriculture & Markets § 123, implements elements from both major theories of liability for dog bite cases: strict liability and the “one-bite” rule. Generally, a dog owner is strictly liable for medical costs resulting from an injury caused by a “dangerous dog.” New York defines a “dangerous dog” as one that has previously:

• Attacked and/or killed a person or certain animals without justification; or
• Behaved in a manner that a “reasonable person would believe poses a serious and unjustified imminent threat of physical injury or death”; or
• Attacked a service dog, guide dog, or hearing dog without justification, and caused physical injury or death.

If the dog does not fit any of the above criteria, New York’s “one-bite” rule still allows victims to recover damages if the dog owner had prior knowledge of the dog’s “vicious propensities.” The victim could offer a variety of evidence to establish that such knowledge, including evidence of the dog’s prior aggressive behaviors or attacks which the owner knew about, or evidence indicating that the owner often restrained the dog and the manner in which it was restrained. However, New York’s statute also provides several exceptions that shield owners from liability, including bites caused by a dog protecting its owner or offspring, a dog protecting its home against trespassers, a dog reacting to pain or suffering, a dog provoked by abuse or assault, and a police dog that was doing its job.