The dog bite statutes vary from state to state.
Here is a link to a very good description of the law in New York, and its application to real life situations. This site is published by "The Dog Bite Law Advisor".
CLick on this link: http://www.dogbitelaw.com/PAGES/New%20York.html I'd like you to take a look at it.
In general, you are strictly liable for medical costs only for the 1st dog bite, if your dog is found to be "dangerous". That may be why the warden was trying to entice the dog to see how it would react. This excerpt is from the above site:
"A "dangerous dog" is one that "without justification" either (a) attacks and injures or kills a person, "companion animal," farm animal or "domestic animal" or (b) "behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death" to one or more of the foregoing. (Sec. 108, subd. 24(a).) There is an exception for dogs assisting the police. (Sec. 108, subd. 24(b).) The conduct of the victim, either on the day of the attack or at a much earlier time, also can exempt a dog from "dangerous" status. (Sec. 121, subd. 4.)"
Aside from whatever issues might be involved in this present matter, the fact that the dog is alleged to have bit once basically puts you on notice that it may be "dangerous" or "vicious". That substantially increases your exposure to liability in the event of a subsequent bite.
From a practical side, chaining a dog outside unattended increases the risk of incidents. Chained dogs tend to act more aggressively toward those who approach their "territory" because their usual methods of approaching and investigating (you would recognize a form of that from the circling and sniffing behavior when dogs meet) is rendered impossible. When we put animals in unnatural situations, they often will behave contrary to their natural character.
If you have faith in your dog, then you have to decide how you want to address the risks. If you modify your dog care routines and do not leave him/her out on a chain unattended, you will have reduced a signficant part of the risk of a 2nd incident. You also might want to see a dog behavior specialist to identify whether this was an isolated incident, an incident that was born out of the circumstances but that is avoidable by avoiding those circumstances, or if this is a dog who does have an aggressive side to his/her personality.
Some people would just throw in the towel and have the dog put to sleep. My personal hope is that you would not take that route. (My home serves as a foster home for a collie rescue, so we see a lot of dogs that others have had some sort of problem or incident with. But we've discovered that frequently the problem is something as simple as avoiding the situation the prior owner had that led to the issues.)
I hope this has helped. Let me know if you have any followup questions. If none, please remember to click on the ACCEPT link so that I may receive credit for working on this topic with you. (I'd greatly appreciate it!)
Thank you,
Dan
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The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state.
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