Dog biting laws

[brian]

I was wondering what laws there might be against dog biting. I live in New York and had a friend that was bitten by someone's dog at the park. It was on a leash but he was sitting next to the person on a bench.

 

[Michael Wechsler]

Originally posted by brian:
I was wondering what laws there might be against dog biting. I live in New York and had a friend that was bitten by someone's dog at the park. It was on a leash but he was sitting next to the person on a bench.

My understanding is that in general a dog has one free bite before it is considered a vicious dog. The owner of the dog is held "strictly liable" (meaning he is liable even without negligence) if the victim can prove that the dog bit someone prior. This means that the dog has vicious propensities. Loud barking and aggressive does not qualify.

There is no statute of which I am aware dealing directly with dog bites, but the precedent set forth above was established by case law. {Here is a cite sent to me: Foster vs Jordan, ____AD2d _____(First Dept, 2/3/2000); Pringle vs New York City Housing Authority, ____AD2d _____; 689 NYS2d 181, 182 (Second Dept, 1999); Wilson vs Whiteman, 237 AD2d 814 (Third Dept, 1997); Smith vs Farner, 229 AD2d 1017, 1017-1018 (Fourth Dept, 1996).}]

Summary judgment (case dismissed) has been granted when the one bite hasn't been established, as well as when the dog owner can prove that this is the first time it has ever shown the vicious propsensity.