According to the U.S. Center for Disease Control and Prevention, dogs bite more than 4.7 million people each year. Although we often see media reports concerning certain types of dogs, such as pit bulls, any type of dog can cause serious injuries, particularly to children.
Anecdotally, it has been said that New York utilizes a "one bite" rule; that once an animal has bitten before, the owner will be responsible for its bad behavior. However, this is not completely accurate. Although a plaintiff must demonstrate that an animal had certain aggressive propensities, those propensities can be demonstrated in many ways. Thus, a dog baring its teeth, charging aggressively, jumping or chasing individuals may be enough to establish an owner's knowledge of problems with the animal. Veterinary and training records can be used to establish the animal's prior conduct. Even a "beware of dog" sign can be held to be some evidence of an owner's knowledge of an issue with the dog.
It is also notable that a dog need not bite in order to cause injuries nor for an owner to be held responsible. The owner of a dog who has a history of jumping or chasing, for example, can be held responsible if that conduct causes an injury.
In fact, an owner's liability for injuries caused by animals is not limited to dogs. Under New York case law, the owners of domestic animals will be held strictly liable for the harm caused by the animal if a plaintiff proves: (1) that the animal had prior "propensities" for the bad conduct which caused the injury, and (2) that the defendant, usually the owner of the animal, knew or was chargeable with knowledge of the propensity at the time of the subject injury. In some situations a landowner or landlord may be also held responsible for animals kept on his property.
New York Agriculture and Markets Law, Section 121 does make a dog owner or keeper strictly liable for medical and veterinary costs under certain circumstances. However, the owner of a domestic animal other than a dog, such as a cow, horse or even a pig, may also be liable if his negligent conduct results in the animal causing you harm. Common examples are animals left to wander or escape from poor fencing which cause motor vehicle collisions.
If you own a dog, how do you best protect yourself and others? Take the time to train your dog to make sure he is a good "canine citizen". Taking your pet to obedience training where he can be socialized to people and other animals will help decrease the odds of aggressive behavior and will go a long way toward showing you are a responsible pet owner should there ever be a problem. Make sure you follow your local ordinances and license and vaccinate your dog. Finally, make sure that your homeowner's insurer is aware that you have a dog. If there is a problem with the animal you may not be covered if you have not told the insurance company about the dog when the policy was purchased or renewed.
If you have been injured by an animal, you should contact an attorney promptly. An early investigation concerning the animal at issue and its prior behavior is essential since the owner may give away or even euthanize the animal in question. Contact Jacqueline M. Thomas, Esq. at jthomas@lacykatzen.com or 585.324.5717.