When an individual suffers a personal injury as a result of the actions of an animal, most commonly those cases involving dog bites,

it is often believed that the injured person may not recover from the dog’s owner if the dog has never bitten anyone before. This misconception is often referred to as the “one free bite” rule. Under New York State law, there is no such rule. The standard is not whether or not the dog has bitten previously, what is required is that the dog, or any other animal, exhibits a “vicious propensity” that the owner knew or should have known.

The attorneys at Riebling, Proto & Sachs, LLP are personal injury lawyers in New York who utilize these important aspects of the law to maximize the recovery for their clients.

New York Courts have defined a vicious or dangerous propensity to mean a natural inclination or habitual tendency to act in a manner that might endanger the person or property of others, Collier v Zambito, 1 NY3d 444, 775 NYS2d 205, 807 NE2d 254; Dickson v McCoy, 39 NY 400; Wheaton v Guthrie, 898 AD2d 809, 453 NYS2d 480; Lagoda v Dorr, 28 AD2d 208, 284 NYS 2d 130; Shuffian v Garfola, 9 AD2d 910, 195 NYS 2d 45; see Mirabella v Thiem, 306 NY 650, 116 NE2d 492, and Webster’s International Dictionary.

As previously mentioned:

 “a vicious propensity is not limited to a bite or other attack, but ‘includes a propensity to act in a manner that may endanger the safety of another, whether playful or not.” (Provorse v Curtis, 288 AD2d 832 [decided herewith]; see, Mitura v Roy, 174 AD2d 1020; see also, Anderson v Carduner, 279 AD2d 369, 369-370).”Marquardt v Milewski, 288 AD2d 928, 732 NYS2d 801.

Any “’known tendency to attack others, even in playfulness, as in the case of the overly friendly large dog with a propensity for enthusiastic jumping up on visitors, will be enough to make the defendant liable for damages resulting from such an act.’ (Thirlwall v Galanter, 66 Misc 2d 88, 90 [Sandler, J.], quoting Prosser, Torts, at 515 [3d ed.]; see also, Mitura v Roy, Anderson v Carduner 279 AD2d 369

In the Supreme Court, Westchester County, located in White Plains, New York, personal injury trial attorney Stephen Riebling successfully litigated and settled just such a case on behalf of his injured client. 

In that case, the client suffered a significant personal injury to her nose and face when a dog owned by an acquaintance jumped up at the client.

When the dog jumped, its mouth and teeth smashed into the client’s face resulting in serious injuries that required multiple surgeries. The owners of the dog defended the case by claiming that their dog had never bitten anyone before and was just a large friendly dog.

Attorney Riebling successfully demonstrated at trial that the dog had the requisite “vicious propensity” even though the dog had never bitten anyone before. Instead of arguing that the injury resulted from a dog bite, Attorney Riebling argued that the client’s injuries resulted from the dog’s natural inclination to jump up onto people. It was further shown that the owner’s were aware of the dog’s habit to jump and had acted to guard against the dog jumping onto people before this incident occurred
As compensation for her personal injuries, Attorney Riebling’s client accepted a mid-six figure settlement offer at trial.

*****

If you or someone you know has been injured and needs a personal injury attorney, please contact Stephen Riebling or any member of the firm for a free consultation. The firm’s personal injury attorneys regularly appear in all the courts of New York: Westchester, Bronx, Rockland, Putman, Dutchess and Orange Counties.