Personal Injury: Dog Bite: New York’s “one bite” rule

The State of New York applies the “one bite” rule which, is to say that a dog is given a second chance.  Thus, a dog owner whose dog bites someone will not be held liable for injuries sustained when their dog bites someone, if it is the first time.  There are exceptions to this general rule and, any time someone is injured as a result of being bitten by a dog, they should immediately seek the advice of counsel.

The “one bite” rule will not apply where you can prove that the dog is dangerous and that the owner knew or should have known of the dog’s dangerous propensity.  Evidence that can be used to show that the owner knew or should have known that his or her dog has a dangerous propensity includes: showing that the dog has a history of being aggressive; that the owner keeps the dog as an “attack” dog or has boasted about it to others; that the owner has cautioned others that his dog has a tendency to bite people; or the dog has worn a muzzle.