When a dog bite occurs in Buffalo, New York State law requires that for the bitten person to successfully sue for injuries, he or she must prove that the dog owner knew that the dog had “vicious propensities.” What constitutes proof of knowledge of vicious propensities is a complex area of law that has been subject to extensive analysis by New York State courts.
Factors they frequently are considered by the judge or jury when determining whether a dog has vicious propensities – and whether the owner knew of should have known of these propensities – include the following:
1. Proof of prior acts of a similar kind of which the owner had notice
2. Evidence that the dog had been known to growl, snap or bare its teeth
3. Whether the owner chose to restrain the dog, and the manner in which the dog was restrained
4. Whether the dog was kept as a guard dog or a pet
Other factors that may be considered as proof of vicious propensities include why the dog attacked and the severity of the attack. Under some courts’ analysis, an unprovoked attack that caused serious injuries may be evidence that the animal has vicious propensities.
The above list does not include all factors that may be considered. Dog bite cases can be very fact specific and, as a result, there a large number of factors that have been addressed regarding this subject.
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