Dog Bite Laws in New York

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 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. Furry friends or not, dog attacks are a constant threat.

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.

Read on to learn about these subjects and much more.

Dog Bite Laws in New York State

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 to be in a public place unleashed. Municipalities can also set curfews called nighttime quarantines, requiring all dogs to be secured after dark.

All dog bites must be reported within 24 hours. New York City has an online form 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 with your local authorities.

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.

When a Dog Attacks - Who Is Liable?

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.

New York is a strict liability 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. 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.

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

This can be difficult, and if you find yourself in this situation, consulting a dog bite attorney can prove helpful.

As New York is a comparative negligence state, 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.

New York and Dangerous Dogs

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.

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:

• Evaluation by an expert and training, if recommended
• Confinement as necessary
• If in a public place, restraint by a leash controlled by someone at least 21 years old
• Muzzling in a public place
• A liability insurance policy against dog attacks not to exceed $100,000

Any costs associated with the above conditions are the responsibility of the dog's owner.

Overview of New York Dog Bite Laws

The legalese used in New York State statutes is often confusing, frustrating, and difficult to understand. It's important to comprehend what the laws are doing, so we've provided a recap of New York dog bite laws in a clear, easy-to-read format in the table below.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Frequently Asked Questions About New York Dog Bite Laws

The details of every dog bite case are different, but there are certain similarities. Below are some questions that may prove informative and helpful in your situation.

My insurance company said they won't renew my homeowners' policy because my pit bull bit someone. Is that legal?

It is illegal in New York to deny insurance coverage due to a dog bite unless they have sound underwriting and actuarial principles to back the decision up. They also can't refuse due to your dog's breed.

This is not to say that they can't increase your rate in response to causing a serious physical injury. But to outright deny you coverage, they have to justify their decision.

The health agency says my dog must be quarantined. Can I do it at my house?

If your dog needs rabies observation after causing a dog bite injury, you can quarantine at home if the animal control officer in charge of your case considers your dog a healthy, domesticated animal that is behaving normally. You are required to keep written records of your dog's behavior.

Home quarantine is less likely if your dog causes a severe injury. If you aren't permitted to quarantine at home, one of the following options applies instead:

• An animal shelter
• A veterinarian's office/animal hospital
• A licensed kennel
• Authorized farms

As the dog owner, you will be responsible for any costs for the boarding of your dog.

My dog bit someone on my property. Do I have any way to defend her?

There are a few instances where you'll have legal options to defend your pooch. If someone is trespassing on your property when your dog bites them, there's a good chance you won't be liable. This will also apply if the victim provoked your dog in any way.

The defense that your dog was defending your home only works if the dog is restrained to your property. Your dog may not know the exact borders of your territory, but you're expected to.

Dog Bite Laws in New York: Related Resources

If you'd like additional information and resources related to this topic, you can visit the links listed below.

• New York Accident and Injury Laws
• Animal Attack and Dog Bite Claim Resources
• Dog Bite Laws by State
• Dog Bites and Animal Attacks

Have More Questions About Dog Bite Laws in New York? Ask an Attorney

If a dog bites you or a loved one, the first thing to do is to seek medical attention. After that, consider speaking with a personal injury attorney who specializes in dog bite cases to discuss the damages you may be able to recover. Having a New York dog bite lawyer who knows the liability laws can help you achieve the best outcome possible.

If you're the owner of a dog that's bitten someone, a dog bite attorney who knows how to defend against a personal injury lawsuit can be your dog's savior. Both you and your best friend deserve every advantage you can get.