New York’s One Bite Rule: Definition, Eligibility, and More

There are many people who adore dogs. They’re cute and enjoy cuddling. Nevertheless, it’s crucial to remember that dogs are animals and can snap unexpectedly. That’s why there are laws designed to safeguard victims of dog bites. Being aware of these laws can help protect you in case you suffer any injuries or losses due to a dog bite.

Known for its pristine sandy beaches, Long Island is no stranger to dog bite incidents. It is important for the residents of this densely populated island in southeastern New York to understand what rights they have as victims of a dog bite.

If you own a dog, it’s vital to learn about the consequences of a dog bite. If you or someone you know has suffered a dog bite, there might be an option for compensation. Seek help from a Long Island dog bite attorney to find out what your options are. Their expertise in dog bite laws and experience in handling similar cases make them the perfect individuals to fight for your rights.

What is New York’s One Bite Law?

New York strictly adheres to two types of dog bite laws, with the first being the more commonly known one bite law.

One bite laws provided an early form of protection against dog bites. The law states that a dog owner can only be held responsible for a dog bite if they had prior knowledge of their dog’s behavior or likelihood of attack. This applies if

  • The owner has knowledge of the dog’s violent behavior
  • The dog has shown frightening or aggressive behavior
  • The dog has been trained to fight

However, the owner will not be held liable if the following conditions are met:

  • The dog has never bitten anyone before
  • The plaintiff was trespassing
  • The plaintiff provoked the dog

What is the Strict Liability Law?

Recently, New York adopted strict liability dog bite laws. As the name suggests, owners face harsher penalties for their pet’s actions under this law.

The strict liability law differs from the one bite law because the owner is accountable for any harm caused by the dog to the plaintiff, unless the plaintiff provoked the dog. This means the owner will be held responsible regardless of whether they could have prevented the bite.

The strict liability law is a topic of debate, as the one bite law allows for personal responsibility when there were warning signs.

What is the Strict Liability Law

Exceptions to New York Dog Bite Law

Although New York follows the one bite law and strict liability laws, there are exceptions that prevent plaintiffs from obtaining compensation for their dog bite.

These exceptions include:

  • Provoking the dog through torment, abuse, or assault
  • If the dog was protecting its owner, puppies, or itself
  • If the dog was defending its home from trespassers
  • If the dog bite occurred during interaction with the animal while it was in pain
  • If the dog is a law enforcement animal

Personal Injury Claims

If you or a loved one was bitten by a dog and you don’t fall into an exception category, you may be eligible for personal injury compensation. Personal injury claims assert that someone else has caused you harm, and they should be responsible for the resulting expenses.

Under New York’s one bite law and strict liability law, you might be able to show that the dog bite falls under the owner’s liability. This process could be easier with the assistance of an experienced dog bite attorney.

Contact A Dog Bite Lawyer

A personal injury claim can take a while and can be emotionally draining. To reduce stress, it’s helpful to have a lawyer assist you. Trying to handle a dog bite case while nursing your injuries can be incredibly difficult.

Most dog bite lawyers offer free consultations as well. Get in touch with an experienced dog bite lawyer and get the legal assistance required for a successful dog bite case.