If another person’s pet injures you in New York, you may wonder about your legal rights, like whether or not you can sue the owner for compensation. Whether or not you are entitled to damages depends on several factors, so it is important to secure skilled representation for experienced legal counsel during your case. For more information, reach out to a knowledgeable New York injury lawyer today.
Can I Sue if a Pet Injures Me in NY?
If a dog or cat injures you in New York, whether by a bite, scratch, or any other type of attack, you may be able to sue the pet owner for compensation. Many states impose strict liability laws, meaning that pet owners are automatically liable for injuries caused by their animal, regardless of the animal’s past behavior and whether the owner was negligent or not. However, New York follows the “One Bite” rule. This law states that a pet owner is only liable for their animal’s actions if the animal has shown a previous propensity for violence or viciousness and the owner was aware of it.
You will generally only be able to hold the owner responsible for your damages if there is evidence that the owner knew or should have known about their pet’s likelihood to inflict harm. If the animal had never acted up before and the owner had no idea they had a tendency to bite or behave dangerously, the owner may be off the hook.
This rule applies to most domestic animals, including cats. However, cases involving cats are often more difficult to prove, as their behavior is generally not considered as dangerous as that of dogs and is much less predictable.
What Are My Legal Options?
If you were injured by an animal, you can pursue legal action against the pet owner. The outcome of your case will vary depending on the circumstances of your injury, the animal’s history, and the owner’s actions.
In order to establish your case and be awarded compensation, you must demonstrate that your injuries were directly caused by the animal’s behavior and/or that the owner was negligent in some way. To prove negligence, you must establish its four elements.
- Duty of care: The pet owner owed you a duty of care to handle their animal safely
- Breach of duty: The owner breached the duty by acting recklessly or carelessly
- Causation: The breach of duty directly caused or contributed to the animal attacking you
- Damages: You sustained real damages as a result of the attack
Animal attacks can be lethal and traumatic for victims, so understanding your legal rights and options is crucial after being involved in an incident with a pet. New York’s laws surrounding these types of accidents are complex, so work with a skilled attorney for legal advice and representation.
