Strict Liability for Injuries from Animals

The law in New York State as it relates to dog bites and other injuries caused by animals is that the owner of the animal is strictly liable for injuries caused by the animal if it can be established that the animal had a vicious propensity and that the owner knew of should have known of such propensity. This standard was established by the Court of Appeals (the highest court in the State of New York) in 2004 in the case of COLLIER v. ZAMBITO. Even attorneys who practice in the area of personal injury, but who may not have much familiarity with cases of injuries caused by animals, often do not realize that the case of an animal attack is not one of negligence, but rather strict liability. As a result, there are an unfortunate number of cases which result in an unfavorable outcome to the plaintiff, not because the case is without merit, but because the pleadings in the case were deficient. It is imperative that one injured by a domestic animal consult with an attorney experienced with the law pertaining to such injuries, and familiar with the recent case law.

Vicious propensity of an animal can be proven without showing that the animal, usually a dog, has previously bitten someone else. Contrary to what is commonly believed, THERE IS NO ONE FREE BITE RULE IN NEW YORK!!