No Dogs Fault After Attacks on Humans in New York State
It is not the dog's fault if it bites someone. If you have a dog and it bites someone, the dog will not be at fault. In fact, New York State law is very clear on who is at fault when a dog bites or attacks someone.
We reviewed the New York State laws after the sad and horrible story coming out of Tennessee last week. The story reminded a few users on social media of the 9-year-old who had their finger bit off by a dog in Cheektowaga Town Park. But, what happens to the dog or the owner? Who is liable in New York State?
It is the dog's owner who is liable.
According to O'Connor Personal Injury firm in New York State, here is who is at fault:
In New York, dog bite cases are handled under a combination of strict liability and negligence. The owner or custodian of a dog is strictly liable for medical bills that result from an injury caused by his or her dog, even if he or she used reasonable care to restrain the pet".
But, when is the owner NOT liable? The owner could be not liable if the dog was provoked, the person bit or attacked was trespassing are just a couple of reasons.
Can you sue in New York State if you get bit by a dog? As someone who is trying to sue, it would help to prove that the dog that bit you has a previous history of biting someone, was trained to attack, if the dog has actually tried to attack before, or if it has had vicious or scary behavior in the past.