Can You Sue for Premises Liability After a Dog Bite?

The aftermath of a dog bite can be overwhelming, with physical injuries, emotional distress, and mounting financial costs. If you’re wondering whether premises liability laws can address your situation, it’s essential to explore your options.

Established in 1911, McPhillips, Fitzgerald & Cullum LLP is the longest-serving law firm in the Greater Glens Falls region and a cornerstone of the Southern Adirondack legal community. With 13 skilled attorneys across multiple specialties, the firm is recognized for its unwavering commitment to clients, earning the prestigious “AV” rating from Martindale-Hubbell for excellence and integrity. 

Understanding when premises liability applies to dog bite cases and the legal options available can help victims take the next steps toward justice.

What Is Premises Liability?

Property owners are held responsible for injuries caused by dangerous conditions on their land under the legal principle of premises liability. They may be held liable if a hazardous situation on their property leads to injury.

In dog bite situations, premises liability could come into play if the property owner is aware of a dangerous dog on their property—or should have been aware—and fails to act. This could include a landlord tolerating a tenant’s aggressive dog or a business owner failing to post warnings about a potentially dangerous pet on-site.

When Can You Sue for a Dog Bite Under Premises Liability?

Not every dog bite falls under premises liability. Specific conditions must be met for this legal principle to apply:

1. Negligence by the Property Owner: Knowing, or having reason to know, that the dog was dangerous, the property owner did not implement measures to protect others on the property.
2. Injuries Occurred on Their Property: Premises liability typically applies only if the bite happened on or near the property owner’s premises.
3. Failure to Warn or Act: The owner failed to warn guests or take precautions to secure the dog adequately.

For example, in New York, landlords can sometimes be held liable if they were aware of a tenant’s aggressive dog and did nothing to prevent harm. Similarly, Florida law may hold property owners accountable for negligence that leads to a dog bite, even if they don’t own the dog.

What Are Your Dog Bite Legal Options?

In addition to pursuing a premises liability claim, dog bite victims may have other legal options. These include:

• Suing the Dog Owner Directly: In a majority of cases, the owner of the dog bears liability for the bite.
• Exploring Strict Liability Laws: States like New York and Florida impose strict liability on dog owners for bites, regardless of whether the dog has a history of aggression.

Understanding which legal avenue best fits your case depends on the unique details of your situation.

Compassionate Legal Support for Dog Bite Victims in NY and FL

Dog bite and premises liability laws can be complex, with rules varying by state and situation. If you’ve been harmed by a dog bite, an attorney with experience in these cases can help you review your circumstances and consider legal paths forward.

McPhillips, Fitzgerald & Cullum LLP provides compassionate support for victims in Glens Falls, NY, Chestertown, NY, and Miami Shores, FL. Call us today at 518-792-1174 for our New York offices or 305-751-8556 for our Miami Shores office to schedule a consultation. Let us help you secure the compensation you deserve.