While a dog can be a wonderful addition to a family, they can also pose serious risks under some circumstances. Therefore, it is important for dog owners to be aware of their rights and responsibilities according to state law. A dog bite attorney in Nassau County, NY can help potential clients learn about the relevant statutes, which are very useful whether a person is the animal owner or the victim.
Liability
New York law is a mixture of the one-bite and strict liability clauses. According to the law, if a dog was previously deemed to be dangerous and it attacks someone, the owner is strictly liable for the victim’s medical and veterinary bills. For additional damages, the victim must prove that the owner knew the dog was dangerous and failed to mitigate the risk.
When Animal Owners Aren’t Liable
In some cases, a dog owner is not held responsible for an attack. For example, if someone abuses a dog until it snaps, they may not be liable. The law also protects owners whose dogs attack burglars and trespassers.
Negligence Suits in Limited Circumstances
NY case law refers to negligence as the basis for a lawsuit, but it does not allow recovery for common-law negligence unless the dog owner knew or should have been aware that their dog had a tendency to attack. If a defendant and their dog bite attorney in Nassau County, NY can offer evidence that they knew nothing of the dog’s vicious tendencies, the plaintiff can potentially have their complaint dismissed.
Criminal Penalties
If a NY dog owner negligently allows their dog to bite someone, the dog has been declared dangerous, and the victim’s injuries are serious, the owner can be convicted of a misdemeanor that carries a $1000 fine and up to 90 days in jail.
Whether a person is an owner or the victim in a dog bite case, the team at the Law Office of Steven R. Smith can serve as a valued advocate during the process. Learn more about hiring a dog bite attorney when you click here, or call the office to schedule a consultation.
