Man’s best friend can also have their bad days. Dog bites can leave victims with physical injuries, emotional trauma and hefty medical bills. If you’ve recently fallen victim to a dog attack, you’re likely wondering who’s responsible for the harm inflicted.
Determining liability
According to the Centers for Disease Control and Prevention, there are approximately 4.5 million reports of dog bites annually in the country. Dog owners in New York are responsible for injuries caused by their pets under the strict liability doctrine. This means that owners are also automatically accountable for their dog’s actions.
When owners might be off the hook
There are certain circumstances where a dog owner might not be liable for their dog’s actions. However, it’s important to note that these are not excuses in the sense of automatically forgiving the dog, but rather legal defenses that may be considerations in a dog bite case. Here are some situations that might affect liability:
- Provocation: If the person bitten was teasing, tormenting or abusing the dog.
- Trespassing: If the person bitten was unlawfully on private property where the dog was located.
- Working dogs: If law enforcement were using the dog for official police or military duties or service dogs in duty.
- Veterinary care: If the bite occurred while the dog was receiving professional veterinary care.
- Self-defense or defense of others: If the dog was protecting its owner or another person from attack or perceived threat.
Other factors may influence liability. In some cases, the court will look at the dog’s past behavior and any previous incidents. If the dog has no history of aggression and the owner had no reason to believe it would bite, they might not be responsible.
Exploring legal options
Determining when a dog owner is not responsible for a bite can be complex. If you find yourself in this situation, consider the factors mentioned above. Were you provoking the dog or trespassing? What is the dog’s history? These questions can help you establish liability. Given the intricacies of New York’s dog bite laws, seeking legal guidance may help protect your rights and obtain the compensation you deserve.
