The Kiley Law Firm Blog

There seems to be a population explosion of dogs on Long Island.  Walk around Manhasset and you will see or hear a dog in practically every home.   For all you dog owners out there, should you be concerned if Rover is not on his best behavior when the mailman or kids walk by?  Absolutely.  

In New York, a plaintiff injured by a dog bite can recover damages against the dog owner under a theory of strict liability if the plaintiff can prove that the dog had vicious propensities and that the owner of the dog, or person in control of the premises where the dog was [kept], knew or should have known of such propensities.   The proof is generally made by the testimony of the injured party or a neighbor stating that the dog had bitten somebody in the past or that the dog had previously exhibited viscious or menacing behavior.  

Many dog owners could be subjecting themselves to personal exposure as some insurance companies are exempting coverage on a homeowners’ policy for losses caused by certain breeds of dogs.  

A landlord can be liable for a tenant’s dog if the landlord had notice that a dog was being harbored on the premises, and that the landlord knew or should have known that the dog had vicious propensities.

In addtiion to civil liability exposure, the owner of a dog who has bitten a person can be subject to penalties and controls pursuant to New York State Agricultural and Markets Law.  The penalties on the owner of a dog who has attacked can range from a fine to the possibility of one year in jail.  A hearing can be held in court to determine whether the dog is a “dangerous dog.” Finding a dog “dangerous” allows the court to force the owners to take action to attempt to make sure the dog interacts safely with others, including: requesting that the dog to be leashed or muzzled at all times in a public area; requesting the owners to confine the pet (by fencing it, etc.) for a specific amount of time; having the dog trained and possibly putting the dog down or permanently confining the dog.

Get into an accident with a rental car?  Recent federal law, which preempts New York’s vicarious liability law, insulates the Herz, Avis and Dollars of the world from any liability for the negligence of the rental car driver.  To add insult to injury, the rental companies are only required to carry $25,000 in coverage on their vehicles.  Add that to the fact that many rental car drivers do not own their own vehicles and carry no personal insurance and you could be in a situation where you have little hope of adequate compensation for a serious injury.   

And how about those New York taxi cabs… they are required by law to carry a  liability policy of no less than $100,000 but I’m sure you would not be shocked to know that they NEVER carry more than that.  Your own automobile SUM policy will insure you and members of your household for accidents in which you are a passenger in another vehicle.

The only way to ensure adequate coverage for yourself and your family is to purchase SUM coverage on your auto policy.