How to Prove a Dog Bite Case Against a Landlord Under New York Law

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Contrary to popular belief, the mere fact that you're bitten by a dog, even a nasty dog, isn't enough to render the dog's owner liable to you in negligence for your personal injuries resulting from the dog bite under New York law; rather, you will need to demonstrate that the dog had "vicious propensities" that were known, or should have been known, by the dog's owner, yet the owner failed to rein in the dog to assure that it didn't injure anyone.

Interestingly, though, it is not only the dog's owner that can be held liable for a dog bite in New York. If the dog's owner is a tenant in a building, the landlord of the building can also potentially be held liable as well . Here's how:

The plaintiff will have to prove that the landlord: "(1) had notice that a dog was being harbored on the premises, (2) knew or should have known that the dog had vicious propensities, and (3) had sufficient control of the premises to allow the landlord to remove or confine the dog (see Bard v Jahnke, 6 NY3d 592 [2006]; Baisi v Gonzalez , 97 NY2d 694 [2002]; Young v Tirrell , 1 AD3d 509 [2003]; Mehl v Fleisher, 234 AD2d 274 [1996])."


"Why Most Accident Victims Do Not Recover the Full Value of Their Claim" is intended to help New Yorkers assure that they avoid some 10 simple mistakes that will almost certainly reduce the value of their accident claim, whether it results from a construction site accident, a car accident, motorcycle or bicycle accident, or even a trip and fall over a defective or cracked sidewalk.
The book addresses important topics including what you need to prove to win your accident case, and identifies some of the most common pitfalls to these cases. Click on the link above to get your FREE eBook on New York accident cases. Contact Long Island, New York accident attorney Jonathan Cooper at 516.791.5700 for a FREE consultation regarding your negligence case. There is no obligation to hire a lawyer.  There is no fee until personal injury lawyer Jonathan Cooper successfully recovers fair compensation for you.

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