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

As featured on:






If, G-d forbid, you or a loved one has been bitten by a dog, and suffered personal injuries as a result, that alone isn't enough for you to win a dog bite case against either the dog's owner or the landlord of the building where the dog was kept. In either case, you will be required to prove (among other things) that the dog had exhibited "vicious propensities" before the attack.

So, "How do you prove that?", you ask.

Fortunately, New York's courts have given fairly clear guidance on the subject. In fact, in a February, 2010 opinion, one of New York's appellate courts summarized the required proof as follows:

"An owner's liability for a dog or attack is determined solely by application of the rule of strict liability for harm caused by a domestic animal whose owner knows or should have known of the animal's 'vicious propensities' ( see Petrone v. Fernandez, 12 N.Y.3d 546, 550, 883 N.Y.S.2d 164, 910 N.E.2d 993; Collier v. Zambito, 1 N.Y.3d 444, 446-447, 775 N.Y.S.2d 205, 807 N.E.2d 254; Hodgson-Romain v. Hunter, 72 A.D.3d 741, 899 N.Y.S.2d 300). "Evidence tending to prove that a dog has 'vicious propensities' includes a prior attack, the dog's tendency to growl, snap, or bare its teeth, the manner in which the dog was restrained, [the fact that the dog was kept as a guard dog], and a proclivity to act in a way that puts others at risk of harm" ( Hodgson-Romain v. Hunter, 72 A.D.3d 741, 899 N.Y.S.2d 300; see Bard v. Jahnke, 6 N.Y.3d 592, 597, 815 N.Y.S.2d 16, 848 N.E.2d 463; Feit v. Wehrli, 67 A.D.3d 729, 888 N.Y.S.2d 214; Galgano v. Town of N. Hempstead, 41 A.D.3d 536, 840 N.Y.S.2d 794)."

As you can surely imagine (and this is borne out by the sheer number of dog bite cases that New York's courts have summarily dismissed), this is not a simple thing to prove.



"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.

To Receive Our
Newsletter, sign up here