Last Updated on July 30, 2024

What Happens If a Service Dog Bites Someone in New York

For individuals bitten by service dogs in New York, personal injury claims may be filed against dog owners so that you may be legally compensated. In New York, dog bites are generally guided by two rules which are provided within NY Agriculture and Markets Law § 123:

  1. The “strict liability rule”, is provided in the Section 123 (10) which specifies that owners are liable for any medical injuries caused by their dogs unto a person or other animals. 
  2. The “one-bite rule”, is a hybrid approach of Section 123 (3b) and a landmark case. Under the one-bite rule, owners may face additional liabilities (pain and suffering, lost wages, etc.) if their dog has known vicious tendencies.

According to the Americans with Disabilities Act, service dogs are defined as working dogs who are specially trained to aid individuals with disabilities. Under such definitions, police dogs are not technically considered as service dogs. Either way, any dog bite that is deemed unprovoked should be compensated by the dog’s respective owner/handler, following the NY rules we’ve provided above. 

Individuals that are bitten by police dogs may file a tort claim against the respective New York government agency. Do note, however, that the statute of limitations for these claims vary. Whereas personal injury claims are valid up to three years following the dog bite, tort claims are only valid up to 90 days following the incident. 

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Special Exceptions for Service Dogs

Given their importance to people with disabilities, some privileges are awarded to service dogs. These exceptions are in place so that people with disabilities may properly function in any given context – preserving their rights as individuals. Here are some examples:

CONTEXTOVERVIEW
Public AccessService dogs are allowed in all areas open to the public, including businesses, government buildings, and public transportation.
Housing"No pets" policies do not apply to service dogs, and no extra fees can be charged.
EmploymentEmployers must make reasonable accommodations for employees with service dogs.
Food EstablishmentsService dogs are allowed in areas where food is served or sold, contrary to general health codes for animals.
TransportationService dogs are allowed in areas where food is served or sold, contrary to general health codes for animals.
LicensingService dogs are exempt from licensing fees.

It's important to note that while these exceptions provide significant protections for service dogs and their handlers, they do not exempt service dogs from behavioral standards or liability if they cause harm. The dog must be under control and well-behaved to maintain these exceptions.

Determining Liability When Bitten by Service Dogs

Under the One Bite Rule

Under the one-bite rule, judges and juries must consider whether an owner should have known their service dog was likely to hurt someone. Most dog-bite incidents do not lead to lawsuits, but insurance companies consider potential legal liability when making settlement offers. 

The liability will focus on the owner's negligence if they know that their service dogs have done any of the following: 

  • Has bitten someone before
  • Displayed threatening behavior
  • Dog like to chase people or jump on them
  • History of fights with other dogs
  • People have complained about the dog in the past

If you've been injured by a service dog, consider consulting with a qualified dog bite accident attorney as soon as possible. 

Under the Strict Liability Rule

Service dogs can be subject to strict liability rules if considered dangerous. The law defines a “dangerous dog” as one that either:

  1. Without justification, attacks a person, causing injury or death, or
  1. Behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons or companion animals.
  1. Without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death.

Upon a finding that a dog is dangerous, the judge or justice may order humane euthanasia or permanent confinement of the service dog. These considerations can slow down the process of seeking damages that you have incurred. Hire our personal injury lawyer to guide you through the legal process.

Consequences When a Service Dog Owner Acts Irresponsibly

As further explained in Chapter 69, Article 7 of the AGM, once the service dog is identified as dangerous and is negligently permitted by the owner to bite, penalties will be imposed on the dog owner in this situation:

ContextPenalty
Dangerous dog negligently bites a person, causing serious physical injuryMisdemeanor punishable by a fine of up to $3,000 and/or imprisonment of up to 90 days
Dangerous dog kills a person peaceably conducting themselves in a lawful place, regardless of owner's negligenceClass A misdemeanor, regardless of whether the dog escaped without fault of the owner
Dangerous dog causes injury to a person, companion animal, farm animal, or domestic animalOwner or lawful custodian is strictly liable for resulting medical costs

Methods of Compensation for a Service Dog Bite

There are two common types of compensation a dog bite victim may receive. It can be through the insurance of the service dog owner or through the worker’s compensation insurance of the victim. 

Insurance of the Service Dog Owner

As mentioned above, under the Dangerous Dog Law, the owner or lawful custodian is strictly liable for medical costs resulting from injury caused by such a dog to a person, companion animal, farm animal or domestic animal.

The injury sustained should be properly documented so the victim can claim the right amount of compensation. 

Worker’s Compensation Insurance

The employer's workers' compensation insurance should cover the person's medical expenses, lost wages, and disability benefits related to the dog bite injury. Take note that this type of insurance protects employers from liability for on-the-job injury. This means that a dog bite injury should happen during the “course and scope” of employment. 

These claims may take time to be received, especially if you don't have sufficient evidence to present. Our personal injury lawyer can make things faster so you can receive the compensation you need for your injuries.

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Seek Expert Legal Support for Dog Bite Cases

If you or your loved one has been impacted by a dog bite incident, understanding your legal rights and options is crucial. At the Porter Law Group, we specialize in providing comprehensive legal support for dog bite cases.

We work on a contingency basis, so you do not need to pay us anything unless we win your case. 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, contact us at 833-PORTER9 or email info@porterlawteam.com to see how we could help.

Written By
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
Legally Reviewed on July 30, 2024
Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Michael S. Porter on July 30, 2024. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
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