Is it true that according to the law in New York State, every dog gets “one bite free” before the owner can be made to pay compensation for any injuries caused by the dog?
A. No. That is a misinterpretation of the New York State Law. In New York State, in order for a person to receive compensation for injuries caused by a domestic animal, the injured person must prove that the owner knew or should have known that the animal had “a vicious propensity”. “Vicious propensity” does not necessarily mean that the animal is hostile, aggressive or vicious. It refers to a propensity to engage in the behavior which resulted in the injury. However, an owner whose pet has injured someone could be held responsible for the injuries based upon actual or constructive knowledge of a pattern of hostile, aggressive or vicious behavior. You do not have to prove that the dog has bitten someone before. EGGER & LEEGANT can advise you based upon the specific facts and circumstances. When in doubt, always seek legal advice. It is better (and more economical) to avoid a serious legal problem than to try to undo the damage later.
