ANIMAL BITES

Bite back!

Animal BitesThe most common type of animal attack is a dog bite. However, other types of domesticated animals, such as cats, ferrets, and birds can also bite humans causing injuries and potential liability for their owners. When a domestic animal attacks, the owner is responsible for the injury if it can be shown that the owner knew of the animal’s "prior vicious propensities." That means the owner must have been on notice that the animal either bit another person or behaved in a hostile or threatening manner on a prior occasion. This is often referred to as the "one free bite" rule, meaning no liability attaches to the owner for the first vicious incident, but does for every incident thereafter. At McMahon, Kublick & Smith, P.C., we will employ private investigators to find these prior occurrences, thus allowing you to recover.

Those who harbor animals that are considered wild, such as, lions, tigers, monkeys, and bears are held to a higher standard. Owners of wild animals are strictly responsible for the harm caused by the animal if the animal escapes, regardless if the animal has shown prior vicious propensities. These animals are presumed to have vicious propensities regardless of how well trained or domesticated they may be. Owners of wild animals that bite on their property may also be held responsible for those attacks, but liability does not automatically attach, and liability depends on the particular circumstances.

If you have been bitten by an animal, contact McMahon, Kublick & Smith, P.C.


McMAHON, KUBLICK & SMITH, P.C.

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McMAHON, KUBLICK & SMITH, P.C.
500 SOUTH SALINA STREET, SUITE 800
SYRACUSE, NEW YORK 13202

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