Based on a report by the American Veterinary Medical Association, approximately 77 million US households have dogs, and an estimated 4.5 million people become victims of dog bites every year, of which 56.7% are children. The New York Code’s Section 121 states that the owner of the dangerous dog is responsible for all expenses related to the injury. While the deadline to file a dog bite lawsuit is typically three years, it can vary depending on your case and the owner.
So, if you are considering suing for a dog bite, here is everything you need to know about filing a lawsuit in New York civil court.
The Statute of Limitations for Dog Bite Lawsuits in New York
The statute of limitations is a legal term that pertains to the time you must file a lawsuit after the dog bite incident has occurred. Your relationship with the dog owner can greatly impact the deadline to file a lawsuit. Therefore, if you are planning to file a legal claim for a dog injury, make sure to file it within the following statutes of limitations:
1. You Know the Dog Handler or Owner
According to the New York Civil Practice Laws and Rules, if the victim knows the owner or dog handler, they can file a personal injury lawsuit within 3 years of the date of the accident.
2. A Potential Municipal or Public Authority Is Liable
In the case that the dog is owned and kept in a public housing seating, the public authority or municipality is responsible for the animal’s actions. Therefore, if failure to provide proper care for the dog has led to a vicious attack on a citizen, the municipal authority will be held responsible. As per the General Municipal § 50-E guidelines, the victim has 3 months (90 days) to file the claim.
3. You Are Filing on Someone Else’s Behalf
Dog injuries can be life-threatening. So, if someone you love has passed away because of a dog injury and you want to file a claim on their behalf, you must do that within 2 years from the death date, as stated in the Estates, Powers & Trusts § 5-4.1.
Because every case is different and we don’t exactly know the circumstances of your dog bite case, in order to understand the proper deadline, get in touch with an attorney as soon as possible. Note that in case you miss the deadline, you will be unable to file a lawsuit and recover for the damage.
Who Is Held Liable for Dog Bite Injuries in New York?
Any person whose negligence led to the dog attack is accountable for your injuries. This includes landlords, property owners, the person responsible for pet-sitting, and the dog owner. This person is liable to pay you a compensatory amount for the loss of employment days, medical bills, mental anguish, and assistive device.
What Is the One-Bite Rule | What Does It Have to Do with My Lawsuit?
The New York dog bite rule is the combination of the “strict liability law” and the “one-bite rule.” According to this, the dog owner is liable to pay for all medical expenses caused by the dog bite. However, the dog owner is only responsible for paying for other expenses if they should have known or already known that their dog is dangerous and did nothing about it. In simpler words, if the dog doesn’t have a vicious history of attacks, the owner will only pay you for the medical expenses and nothing else.
Final Thoughts
Knowing the deadlines to file a dog bite lawsuit will help you plan your case, understand the time constraints, and negotiate a fair settlement before you decide to file the lawsuit. Because this is a legal matter, it is recommended to hire a dog bite attorney to help you understand your case in a better way and ensure the success of your claim. Remember that the New York civil court has given a three-year statute of limitations to file the case. Thus, you will have to act fast.
