What is the legal definition of a dangerous dog?

In New York, a dangerous dog is legally defined as one that “without justification has attacked a person, companion animal or farm animal causing physical injury or death.” Further, a dangerous dog is also defined as one that “acts in a manner that poses a serious and unjustified imminent threat of serious physical injury or death to a person, companion animal or farm animal” or has “without justification inflicted serious physical injury or death upon a person, companion animal or farm animal.” The State of New York has also determined that any dog with a known history of attacking or being aggressive towards people or animals, even if no physical harm has yet been done, is deemed a "potentially dangerous dog" and requires special measures. This includes obtaining a special permit, liability insurance and providing the animal with a muzzle and a secure enclosure whenever it is taken off of the owner’s property. If a potentially dangerous dog is deemed to not comply with the various requirements imposed or if they again attack or threaten another person or pet, then the dog is declared “dangerous” by the court and is subject to immediate euthanasia. However, before the court declares a dog to be “dangerous,” it has to find that the animal is either dangerous and disorderly, or a public nuisance. In New York, dog owners must be aware of the legal definitions of both “potentially dangerous” and “dangerous” dogs. Understanding the law, the rights of victims, and the responsibilities of dog owners is essential in order to protect oneself and others from possible dog attacks.

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