I own a dog. The dog is friendly. But it is very large and powerful. I am concerned if he should ever run into another dog or person that antagonized him. Do I need to do anything to protect myself from liability for my dog?
As long as your dog has shown no signs of aggression toward humans or animals, you would not be liable for your dog. Dogs are considered domestic animals. So short of prior bites or other outward signs of aggression, owners of domestic animals are not liable for the acts of their pets. The owner must either know or should have known of demonstrated vicious propensities of their pet. Petrone v Fernandez, 12 NY3d 546, 883 NYS2d 164 (2009).
But if you had a pet rattlesnake, that rattlesnake is considered a wild animal. The owner of the pet rattlesnake would be liable for any attacks or bites. But remember, if the snake attacks another animal, the snake owner would be liable for vet bills up to the amount of the value of the animal itself. If the snake attacks a human, the snake owner would be liable for medical bills as well as pain and suffering of the victim.
You should notify your homeowner’s or renter’s insurance about your pets. So if an incident occurs with the pet, the homeowner’s or renter’s insurance would cover you for any damages.
By James Santner, Esq. If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.