Dog bite laws differ from state to state, and New York follows a mix of strict liability and what’s often called the “one-bite” rule. Understanding how this rule operates can help you know when someone may face legal responsibility for a dog attack.
Strict liability for medical costs
New York law makes dog owners pay for the victim’s medical costs if their dog bites someone. This applies even if the dog has no history of aggression. The rule applies no matter what the owner knew about the dog’s behavior. However, you must meet extra requirements to recover more than medical costs.
Proving prior knowledge of aggression
To recover damages beyond medical bills, you must show that the dog displayed known vicious tendencies. That’s where the “one-bite” concept comes in. If a dog previously bit someone or acted aggressively, the owner becomes responsible for more damages. You can use past complaints, aggressive barking, or the use of restraints to prove this knowledge.
Defenses dog owners may use
Dog owners may claim that you provoked the dog, trespassed, or willingly took the risk of interacting with the animal. These defenses can reduce or remove their liability. You must show the owner’s prior knowledge and that no provoking behavior occurred.
Why the rule matters in legal claims
The “one-bite” rule shapes what damages you can collect. Medical bills come with automatic coverage, but you need proof of prior aggression to claim pain and suffering or lost wages. Knowing how this rule works helps you decide if your claim qualifies for more than basic medical coverage.