Under NY law the injured person who was bitten by the dog will still have to show that the dog is vicious and that the owner knew or should have known about such vicious propensities. Obviously if the dog had previously bitten someone else the victim will easily be able to show the dog had vicious propensities.
A prior bite is only one way of showing vicious propensities. In fact, the courts of New York have previously held that if a victim can prove that the dog has a dangerous nature and the owner knew or should have known of the dog’s dangerous behavior, then the one bite rule will not apply. Some examples of a dangerous nature could be that the dog had previously been known to growl, snap or bare its teeth or the dog had a tendency to snap at people. The owner may have let it be known that the dog is an “attack dog” or warns people that “the dog bites”.
Under New York law, if a dog attacked someone because it was provoked, the law allows for several defenses that the dog’s owner can use, including:
This law means that the dog is allowed one bite before the owner gets into legal trouble. However, that one “free” bite means that the dog owner is held liable for injuries the dog causes if the owner had reason to know that their dog is capable of causing the kind of injury you received. Dog bite cases can be complicated, which is why you need an experienced attorney.
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