From some reason, there is widespread belief among dog owners in Buffalo and across the nation that if their dog only has bitten an individual once, they are not potentially responsible for the damages. This is not true.
In New York State, a dog owner may be liable for injuries caused by his or her dog if it can be proven that the owner knew, or should have known, that the dog had “vicious propensities.” While it may be easier to prove that a dog has vicious propensities if it bit someone before, there are other factors that may be a factor in making this determination.
Other actions by a dog that may be indicative of vicious propensities include a history of growling, lunging at people, and snapping or baring its teeth. It also should be noted that New York State law makes no distinction among breeds of dogs, so pit bulls or Doberman Pinschers are not automatically considered more dangerous than other breeds.
On the other hand, if it can be demonstrated that a dog regularly interacted with people and other pets without any history of displaying aggressive behavior, the owner may not be held legally responsible following only one biting incident. It all depends on the evidence of the dog’s overall behavior, not just whether it had bitten before.
If you or a family member have been bitten by a dog in the Buffalo area and have questions, please feel free to call my office at 716-542-5444. We would be happy to help you.
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