The general rule in relation to dog bites or attacks implies that the breed of the dog, and its temperament dictates the likelihood that the dog will harm someone. At any time that a neighbor or passerby is injured this is the first attribute that is considered by the court. Previous knowledge related to the dog’s breed indicates that the owner was aware of the probable risk that he or she may some day attack. It also implies that the owner was required to take precautions and eliminate this possibility. Anyone who has sustained an injury due to a dog bite or attack should contact an Accident Attorney in Nassau County NY immediately.
One-Bite Rule
In New York and other states, the one-bite rule was once utilized to determine fault. This rule allowed the dog’s first bite without any persecution or liabilities for the owner. However, these laws have been changed within that last century due to a better understanding of the dangers that some dog breeds pose. The training that the dog received by its owner additionally plays a role in this implication.
For example, dogs such as pit bulls are known for their aggressive nature. A pet owner who has trained the dog to protect their property could openly attack anyone who is within their home or yard. Some owners who act unethically train these dog for fighting purposes, which make these breeds an immediate threat to anyone who comes near them.
What is Strict Liability?
Strict liability is the overall rule for dog bite cases in New York. It implies that the defendant in the lawsuit is liable if certain circumstances are present. They are: (1) the victim was in a location that was legally permissible at the time of the attack; (2) he or she didn’t provoke the animal before the attack. This liability ruling makes the owner’s previous knowledge of the dog irrelevant. Under the New York Agriculture and Markets Law Sections 120 and 121, the rights of a victim who was attacked by a dangerous dog are outlined. Section 120:2 defines the direct requirements for pet owners of risky dog breeds. Anyone who falls victim to a dog attack should contact North Shore Injury Lawyer and file a claim.
