White Plains, NY asked in Animal / Dog Law for New York

Q: I was bitten by a dog, and the owner claims he never bit anyone before. Do I have a case?

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1 Lawyer Answer
Mark A. Siesel
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Answered
  • White Plains, NY
  • Licensed in New York

A: It is possible, although the basic principle in New York is that the dog owner must be "on notice" (aware of) of the dangerous propensities of the dog before becoming legally responsible for a dog bite. Thus, since you do not have evidence of a prior dog bite, you would have to be able to prove that the dog had jumped on other people, growled at them, or acted in other ways in a vicious manner before the dog bit you in order to have a case. You might try speaking with neighbors or the local mailman to find out what they know about the dog.

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