BITE Law requires a showing that the attacking canine had some prior vicious propensity to harm. This law is terrible for those hurt due to a canine attack. The insurance carriers, courts and legislature have done much work here to protect the rights of the dog and owner but not much for those injured.
Don’t get me wrong, my family and I love dogs as much as the next dog lover but NY law does little to protect those injured in dog attacks. Winning a dog bite case in this State comes with hurdles. New York is
well behind the times in this area yet the victims are often young or infirm (unable to defend themselves) against the attack.
In New York, a victim of a canine attack must prove that the owner knew the dog was dangerous. Admission by the owner that their family pet was vicious is tough to come by at a deposition. However, this can be shown in several ways including:
- Prior attacks/conduct.
- The nature of the breed (certain breeds account for most attacks)
- Type of ownership (is the dog for security? Bred to fight?)
- Manner in which the dog is maintained and cared for (does it require a choke, type of choke collar?)
- Lastly, the severity of the injuries to the victim.
Dog Bite cases are common yet the law is against most victims. Just because a dog bit or attacked you does not entitle you to compensation. You must be able to prove that the canine was known to the owner to be a bad doggy.
At Davis & Ferber, we take the bite out of NY law by obtaining veterinarian records, adoption paperwork (if applicable), contacting the State and local officials regarding prior incidents and complaints about the offending canine in overcoming the anti-victim laws.
Please call 631-543-2900 today if you or someone close to you has been a victim of a dog attack.