Can I sue for a dog scratch on my face that needed 7 stitches?

November 15, 2018

Question

I was playing with the dog in someone else’s house and it was an accident and I don’t want anything to happen to the dog because I blame the owners for not cutting her nails. She is not aggressive: She sliced me from my lip to my nose needing 7 stitches and I’ll have this scar on my face forever. What should I do?

Answer

In NY, dog owner's liability for injury is premised on the injured party's ability to establish that the dog had a known "vicious propensity" to attack that would have required the owner to take extra measures to prevent attacks, i.e. muzzled or kept away from people. If this dog had not attacked anyone in the past, and was not known to display aggression, then there would be no liability.

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