Is the rule of strict liability applicable in dog bite cases?
In New York, the rule of strict liability applies to dog bite cases. This rule is also referred to as the “one-bite rule” and is essentially the belief that the owner of a pet is responsible for any damages caused by their pet. This is regardless of the owner’s knowledge or lack thereof, of the potential for the pet to cause injury. Under this rule, the first time a pet causes injury, the pet’s owner is responsible for covering the person’s medical expenses, pain and suffering, and property damage costs, as long as the person is not trespassing on the owner’s property. However, if a person has been bitten by a pet before, and then bitten again, the owner may not be held liable under the one-bite rule. Here, the owner may be held liable for the damages if they knew or should have known of the animal’s dangerous tendencies. To be sure, New York law also states that an owner may be held responsible for dog bites even if the animal has never bitten another person before. If the owner’s actions are grossly negligent or intentional, he or she can face civil liability for the dog bite damages. Overall, the one-bite rule is applicable to dog bite cases in the state of New York, though exceptions to this rule do exist. It is important to speak with a lawyer if you have been bitten by a dog, in order to determine the best path forward.
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