Every year thousands of people are bitten and/or attacked by dogs or other animals. Following an attack, the most important thing to do is to see a doctor as soon as possible. Beyond simple lacerations, animal bites can lead to serious infection and disease if not treated properly and quickly.
New York is a strict liability state when it comes to dog and animal bites. What this means is that owners of dangerous dogs and animals are responsible for the animals' actions, regardless of whether the owner did anything wrong in causing the attack. More specifically, Agriculture & Markets Law, Section 121 subdivision 10, makes an "owner or lawful custodian of a dangerous dog strictly liable." As per the statute, a "dangerous dog" is one that "without justification, either (a) attacks and injures or kills a person, companion animal, farm animal or domestic animal, or (b) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death."
New York imposes a one-bite rule, meaning that if the dog or animal had previously bitten someone, then the dog, is deemed a dangerous animal. Furthermore, New York Courts have routinely found dogs to be dangerous, even without a prior bite, based on actions of growling, aggressive play and other "vicious propensities." New York's highest court has held that "vicious propensities include the propensity to do any act that might endanger the safety of the persons and property of others in a given situation."
In determining whether a dog is "dangerous," one should consider: the breed and size of the dog; the purpose of the dog (e.g. pet, work, sport); frequent snapping/biting; prior complaints; fighting or rough play with other dogs; dog's living space (confined or open); muzzling of dog in public; beware of dog signs, and other indicators.
If you or someone you know believes that they have been the victim of a dog or animal attack, call Law Offices of Heidi A. Gifford today at (518) 725-0655.