The Dog Bite Lawsuit

In New York, it is not enough to sue for being bit by a dog, even if the injuries are gruesome, serious and life-altering. The most important element of any dog bite lawsuit case is to demonstrate that the dog had a viscous propensity. This is often called the two bite test. In other words, the best way to show this is to demonstrate to the Court that the dog has bitten before. This is often hard to show because most dog bites are not reported. We often have success proving these cases by getting the dog's veterinarian records. We also get police records and we interview the neighbors of the dog owner. Sometimes, even where you cannot show a previous bite, we can get around the two bite rule by showing that the dog was not leashed at the time of the bite. Sometimes, a local municipality requires that a dog be leashed and some courts have said a municipal code violation is enough to establish a case notwithstanding the failure to show a prior dog bite.