(Definition- Propensity: An inclination or natural tendency to behave in a particular way.)
Under New York’s dangerous dog statute, owners found liable for their dog’s attack or other actions causing injury are responsible for several expenses. These may include: medical bills, monetary damages for pain and suffering, lost income, and any other expenses that are directly related to the injury suffered.
Many believe that a dog is entitles to a “free bite” or “one bite.” However, this is not a belief that is supported by the law. When the owner of a dog or another domestic animal, either knows or should have known that the animal has a vicious propensity, the owner is held liable. In the case of a dog, if the owner knows or should have known that the dog has a vicious propensity, the owner of the dog will be held liable for the harm caused by the acts of the dog. This vicious propensity refers to any act of the dog that would endanger the safety of another, animal, person or property. In some instances, the act of jumping can be considered a vicious propensity.
If the owner knows or should have known of the dog’s vicious propensity, this becomes a case of strict liability. This is determined based on the following rule Restatement (Second) of Torts §509: one who keeps a dog with dangerous propensities introduces an unusual danger to the community without any positive counterbalance. However, it is also possible that even where there is care to prevent harm by a dog, the owner may still be liable for the injuries caused. Context of what happened leading to the instance of the injury is crucial. A dog that is provoked is not the same as a dog who has acted in a vicious manner previously. When a dog bites without any justification, the dog is then considered “dangerous.”
“Dangerous” propensities as used above is a more apt description of the state of the law than “vicious” propensities, the term historically used in case law. This is because “vicious propensities” has been defined to include the “propensity to do any act that might endanger the safety of persons and property of others in a given situation.” As further explained in Collier, an animal that behaves in a manner that would not necessarily be considered violent or ferocious, but nevertheless reflects a proclivity to act in a way that puts others art risk of harm, can be found to have “vicious” propensities. Dogs are trained not to jump on people for several reasons, but one is that large and medium-sized dogs (like Siberian Huskies) can knock people over and hurt them in the process. Particularly small children and the elderly. As a result, case law has recognized that where a dog has demonstrated a propensity to jump on people liability may result for harm caused by such behavior. Prosser, Torts [3rd Ed] at 515 “A 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 resulting injuries. In conclusion, a dog owner may be held liable for injuries caused by the Dog’s known jumping if found to be a dangerous propensity by a jury.
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