{"id":375191,"date":"2019-04-01T13:20:08","date_gmt":"2019-04-01T18:20:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/dog-bite-laws-in-new-york.html"},"modified":"2024-06-14T01:03:32","modified_gmt":"2024-06-14T06:03:32","slug":"dog-bite-laws-in-new-york","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/dog-bite-laws-in-new-york.html","title":{"rendered":"Dog Bite Laws in New York"},"content":{"rendered":"\n
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Dog Bite Laws in New York<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

While dogs have been our companions for thousands of years and are considered our best friends, the sad truth is sometimes the relationship is fraught with danger. According to the Centers for Disease Control and Prevention (CDC), there are over 4.5 million dog bites<\/a> in the United States every year. While the number of dog bite cases declined in 2022, the amount paid out in damages by insurance companies increased to over a billion dollars<\/a>. Furry friends or not, dog attacks<\/a> are a constant threat.<\/p>\r\n

New York dog bite laws attempt to protect dog bite victims while considering what triggered the dog attack. In this article, we’ll take an in-depth look at the New York State dog laws, examine who is liable in a dog bite case and why, and the effect a dog’s history of vicious propensity can have on subsequent rulings.<\/p>\r\n

Read on to learn about these subjects and much more.<\/p>\r\n

Dog Bite Laws in New York State<\/b><\/h2>\r\n

All dogs in New York must be tagged, collared, and have proper vaccinations. There isn’t a statewide leash law, but municipalities issue their own restrictions. For example, in New York City it’s illegal for a dog<\/a> to be in a public place unleashed. Municipalities can also set curfews called nighttime quarantines<\/a>, requiring all dogs to be secured after dark.<\/p>\r\n

All dog bites must be reported within 24 hours. New York City has an online form<\/a> for reporting a bite to animal control. You should gather contact information from the dog’s owner, as well as from any witnesses. As a bite victim, you should also file a dog bite report<\/a> with your local authorities.<\/p>\r\n

Any dog that causes a dog bite injury requires quarantine for rabies observation. In general, 10 days is the observation period. If you’ve been bitten and want to report the bite or learn more about rabies, contact your county health agency<\/a>.<\/p>\r\n

When a Dog Attacks – Who Is Liable?<\/b><\/h2>\r\n

Dog attacks are frightening and traumatic, often involving a trip to a hospital and the associated medical costs. As a dog bite victim, it’s natural to wonder who’s responsible for covering your medical expenses<\/a>.<\/p>\r\n

New York is a strict liability<\/a> state, which usually means the dog’s owner is liable for the victim’s medical bills. Under strict liability, the owner of the dog is liable for any injury caused by the dog, but New York uses a version mixed with the one-bite rule<\/a>. The one-bite rule assumes that if the dog hasn’t behaved aggressively or bitten anyone before this incident, the dog owner wouldn’t know that the animal would behave that way and thus is not liable.<\/p>\r\n

This essentially gives the dog a free bite, although you can still seek relief by proving the dog’s owner was negligent<\/a> in controlling it, regardless of whether it had bitten someone before. You’ll need to argue that a reasonable person<\/a> would have realized the dog was a threat and prevented the attack.<\/p>\r\n

This can be difficult, and if you find yourself in this situation, consulting a dog bite attorney<\/a> can prove helpful.<\/p>\r\n

As New York is a comparative negligence state<\/a>, any damages received are lessened by the amount of fault placed on the victim. Owner liability increases once a dog is classified as dangerous, as do the requirements and responsibilities.<\/p>\r\n

New York and Dangerous Dogs<\/b><\/h2>\r\n

While New York is considered a dog-friendly state, laws are in place to protect the public from dogs that are a serious threat. If a dog attacks a person or another animal unprovoked, there will be a proceeding to determine if it is a dangerous dog. The burden of proof is on the petitioner to provide clear and convincing evidence<\/a>.<\/p>\r\n

If the judge or justice in charge of the proceeding agrees that the dog is dangerous, it will be spayed\/neutered and microchipped, if necessary. One or more of the following requirements may be imposed as well:<\/p>\r\n