Statutes of limitations are laws that state how long, after certain events, a case may be started based on those events. In New York, the statute of limitations for dog bite cases varies depending on the specific circumstances, such as whether it involves:
- Personal injury lawsuit (3 years)
- Municipal/public liability (90 days)
- Filing on behalf of the deceased (2 years)
As a rule of thumb, we advise that dog bite victims file their claim as soon as they are able. This not only ensures the validity of their claim, but also gives their legal team ample time to conduct any necessary investigations.
Are You Having Trouble Figuring Out The Statute of Limitations for Dog Bites?
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Personal Injury Lawsuit is Within 3 Years
Under New York Civil Practice Laws & Rules § 214, victims of dog bites or attacks have up to three years from the date of the incident to file a personal injury lawsuit against the dog's owner, handler, or any other party who may be legally responsible for the animal's actions.
It is important to act promptly, as failing to file the lawsuit within the statute of limitations may result in losing your right to pursue legal action and recover damages such as:
- Medical expenses
- Lost wages
- Other related costs
Municipal or Public Authority Liability has 90 Days
New York's General Municipal Law § 50-E states that if you want to file a claim against a local municipality or public authority for a dog bite injury, you must submit a notice of claim within 90 days of the incident. This may apply when the liable parties knew the dog's vicious propensities but failed to take appropriate measures to protect the public.
To file a claim, the victim must submit a written notice containing the following information:
- The name and post-office address of each claimant and their attorney, if any;
- The nature of the claim;
- The time when, the place where, and how the claim arose; and
- The items of damage or injuries claimed to have been sustained so far
The claimant shall provide a supplemental claim within fifteen days of the request. If the supplemental demand is not served within fifteen days, the court, on motion, may order that the claimant provide it.
Filing on Behalf of the Deceased is 2 Years
Under New York's Estates, Powers & Trusts Law § 5-4.1, if a loved one suffered fatal injuries due to a dog attack, and you are eligible to file a wrongful death claim for compensation on their behalf, you typically have a two-year statute of limitations from the date of their death to proceed with legal action.
It is crucial to note that the two-year statute of limitations is strict, and failing to file a claim within this timeframe may result in losing the right to seek compensation.
It is prudent to seek the counsel of a seasoned personal injury lawyer who can guide the legal process, gather pertinent evidence, and help you pursue the compensation you and your loved ones merit.
Extensions in the Statute of Limitations of New York Dog Bites
When the dog owner leaves the state
The Civil Practice Law and Rules (Section 207) is a New York statute that provides a tolling provision for the statute of limitations when a defendant is absent from the state.
Under this law, if a cause of action has accrued against a person and that person departs from New York and remains continuously absent for four months or more, their absence is not counted as part of the time within which the action must be commenced.
In other words, if a defendant leaves New York for at least four months after a cause of action has arisen, the statute of limitations is effectively paused during their absence. This provision aims to protect victims who might face difficulties in serving process or pursuing their claims when defendants are out of state.
When the victim is mentally incapacitated
Based on the Civil Practice Law and Rules (Section 208), the statute of limitations for bringing a legal action may be extended if the person entitled to bring the action is deemed insane when the cause of action accrues.
This provision applies to situations where an individual experiences a temporary mental incapacity that prevents them from protecting their legal rights.
If the dog bite case caused the victim to be mentally incapacitated, the court will determine that a fact-finding hearing should be conducted to ascertain the specific point in time when the plaintiff's mental disability ended.
What Happens If You Failed to File a Dog Bite Claim?
The Court of Claims Act provides two remedies. The most commonly used is a motion for permission to file a late claim. The motion papers should include the following:
- Notice of motion;
- Supporting affidavits;
- Copies of any relevant exhibits;
- Copy of the proposed claim; and,
- Affidavit of service of the motion papers on the defendant(s).
In deciding such a motion, the court considers the following factors:
| 1. Whether the delay in filing the claim was excusable; |
| 2. Whether the State had notice of the essential facts constituting the claim; |
| 3. Whether the State had the opportunity to investigate the circumstances underlying the claim; |
| 4. Whether the claim appears to be meritorious; |
| 5. Whether the failure to serve the State within the statutory period resulted in substantial prejudice to the State; |
| 6. Whether the claimant has any other available remedy. |
Another option in section 10(8) of the Court of Claims Act is a motion to treat a Notice of Intention as a Claim. This remedy applies where a claimant timely serves a Notice of Intention but fails to serve or file a claim timely.
Hire an Attorney After Getting Bit By a Dog
Our attorneys have a track record of achieving the best outcomes.
Seek Expert Legal Support for Dog Bite Cases
At the Porter Law Group, our team of experienced and knowledgeable attorneys will handle all aspects of your claim, ensuring that the necessary paperwork is completed accurately and submitted promptly.
We work on a contingency basis, so there are no fees unless you win. Our commitment is to protect your rights and secure fair compensation for your injuries.
For guidance on New York State's dog bite accidents and dedicated legal representation for you or a loved one, contact us at 833-PORTER9 or email info@porterlawteam.com to see how we could help.
