New Developments in New York Law Regarding Dog Bite Claims
The New York State Court of Appeals—the state’s highest court—recently issued a decision that drastically changes the law surrounding dog bite claims throughout the state. New York had long stood as an outlier by requiring a dog bite victim to demonstrate a documented “prior vicious propensity” to impose strict liability on behalf of a dog’s owner. The Court of Appeals has significantly relaxed that standard, instead holding that owners can now be liable under an alternative theory of what is called “ordinary negligence.”
While an owner can still be found liable if they knew, or should have known, of their dog’s underlying vicious propensities, an injured party may now also rely on the rules of ordinary negligence. This includes showing that an owner failed to exercise “due care” under the circumstances (such as when a dog was not properly secured, restrained, leashed, etc.).
This is a seismic change in both how New York dog bite cases will be litigated and how insurance carriers will entertain such claims. And it makes having an experienced, knowledgeable personal injury attorney more vital than ever.
If you have any questions about dog bite law or any personal injury-related issue, please call or text Segar & Sciortino at (585) 475-1100 so that one of our experienced personal injury attorneys can assist you.
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