Absolute Liability for Injury by Vicious Dog

Apart from statute, liability for bodily injuries caused by dogs falls within the general principle governing the liability for injuries caused by animals ordinarily harmless. Thus, New York recognizes a cause of action which imposes strict liability, with no proof of negligence necessary, upon owners for injuries inflicted by their vicious dogs, where the owners have knowledge of those propensities. In order to establish a prima facie case of strict liability in an action to recover for injuries sustained as a result of a dog bite, the plaintiffs are required to present proof that the dog that bit the victim had a vicious propensity and that the dog's owners had knowledge of the dog's propensity or that a reasonably prudent person would have discovered it. This generally means that a party must show that the dog had a history of biting and that it had bitten someone on at least one prior occassion. This is often referred to as the two bite rule. Liability in a vicious propensity or dog-bite case is absolute and is not dependent upon proof of negligence in the manner of keeping the animal. The keeping of the animal, knowing its vicious propensities, is the gravamen of the offense. However, a dog owner is relieved of liability if it can be shown that the injured plaintiff had full knowledge of the dog's vicious propensities and voluntarily brought about the injury.


Lever & Stolzenberg, LLP is located in White Plains, New York and serves clients throughout the state, including New York City's five boroughs (The Bronx, Brooklyn, Queens, Manhattan and Staten Island) as well as Westchester County, Rockland County and Long Island. 

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Additional Counties: Orange County, Dutchess County, Putnam County.