Canandaigua Won’t Ban Pit Bulls After Attacks: Understanding NY Dog Bite Laws & Prevention

Dog attacks are a serious concern, and recent incidents in Canandaigua have sparked community debate about breed-specific legislation, particularly concerning pit bulls. While some advocate for banning or restricting certain breeds, Canandaigua has chosen not to implement a pit bull ban. This decision highlights the complexities of dog bite laws in New York and the importance of responsible dog ownership and bite prevention strategies.

Recent Incidents and Community Response

Recent dog attacks in Canandaigua have heightened public awareness and concern regarding dog safety. For instance, in July 2025, a Canandaigua woman was seriously injured after being attacked by her own pit bull while walking it. The responding police officer had to use force to stop the attack when the dog charged at them. In another incident, a pit bull was seized after attacking a father and son in September 2024, leading to criminal charges against the dog’s owners. These events, covered by local news outlets, have fueled discussions about dangerous dogs and public safety.

Despite these incidents, Canandaigua has not moved to ban pit bulls, aligning with New York State’s general approach against breed-specific legislation. This decision underscores the legal and ethical considerations involved in such bans, focusing instead on owner accountability and general dog control measures.

New York Dog Bite Laws: A Mixed Approach

New York State employs a mixed approach to dog bite laws, combining elements of the “one-bite rule” and strict liability. Understanding these principles is crucial for both dog owners and potential victims.

The “One-Bite Rule”: Traditionally, New York followed a version of the “one-bite rule.” This meant that a dog owner was not automatically liable for a dog’s first bite if they had no prior knowledge of the dog’s aggressive tendencies. However, this rule doesn’t truly give a dog a “free pass.” If a dog has displayed aggressive behaviors like threatening others, fierce barking, or fighting with other dogs, the owner is expected to take preventive measures.
Strict Liability: New York law imposes strict liability on dog owners in certain situations. If a dog has been previously deemed “dangerous” by a court, the owner is strictly liable for medical costs resulting from a subsequent bite, regardless of negligence. To collect other damages, the victim must prove the dog’s vicious propensity and that the owner knew of these propensities.

Owner Responsibilities and Liabilities

Dog owners in New York have specific responsibilities, and failure to meet them can result in liability. Key aspects include:

Knowledge of Aggressiveness: Owners are liable if they knew or should have known about their dog’s aggressive tendencies.
Failure to Control: Owners are responsible if they negligently fail to control a reasonably dangerous dog, leading to injury. This includes failing to leash a dog or keep it in a secure enclosure.
Violation of Local Laws: Owners can be held liable if their failure to adhere to local animal control laws results in an injury.

Penalties for Negligent Owners

Dog owners found guilty of negligence can face both civil and criminal penalties.

Fines: Fines can range from \$400 for a bite to \$1,500 if the bite causes serious physical injury. If the dog was previously deemed dangerous, the owner could face a fine of up to \$3,000.
Jail Time: In cases of serious injury, owners may face imprisonment of up to 90 days.
Damages: Owners can be forced to pay for medical costs, lost income, property damage, and even non-economic damages like pain and suffering.

Breed-Specific Legislation: Why Not Ban Pit Bulls?

Breed-specific legislation (BSL), like pit bull bans, has been a contentious issue across the United States. While some municipalities have enacted such bans, New York generally opposes them for several reasons:

Difficulty in Breed Identification: Misidentification is a significant problem. Many dogs are incorrectly labeled as pit bulls due to similar physical traits, leading to inaccurate statistics.
Focus on Responsible Ownership: The consensus is that a dog’s behavior is more influenced by its training, socialization, and owner responsibility than its breed.
Insurance Discrimination: New York has taken steps to prevent insurance companies from discriminating against homeowners based solely on the breed of dog they own.
Ineffectiveness: BSL can be ineffective and costly to enforce, diverting resources from more effective dog bite prevention strategies.

Dog Bite Prevention: Tips for Owners and the Public

Preventing dog bites requires a multifaceted approach involving responsible dog ownership, public education, and awareness.

For Dog Owners:

Training and Socialization: Train your dog to learn basic commands and how to behave around other animals and people. Socialize your dog with various people, pets, and places.
Supervision: Supervise children when they are around your dog, and never leave a baby or child alone with any dog.
Leash Laws: Always obey leash laws and keep your dog under control.
Secure Environment: Ensure your dog is kept in a secure enclosure to prevent escapes.
Spaying/Neutering: Spay or neuter your dog to reduce aggression.
Awareness: Be aware of your dog’s body language and remove them from situations that make them nervous or fearful.

For the Public:

Ask Permission: Always ask the owner for permission before petting a dog.
Approach Slowly: Let the dog sniff your hand before petting it, and avoid sudden movements.
Avoid Startling Dogs: Do not approach a dog that is eating, sleeping, or caring for its puppies.
Teach Children: Educate children on how to safely interact with dogs, emphasizing that they should never tease, chase, or run from a dog.
Respect Boundaries: Do not reach over or through a fence to pet a dog.
Report Bites: Report any dog bite to the local authorities.

Canandaigua Dog Control Laws

The City of Canandaigua has specific dog control laws in place to ensure public safety. These include:

Licensing: All dogs four months of age or older must be licensed.
Leash Law: Dogs are not permitted to run at large within the city.
Dangerous Dog Regulations: Owners of dangerous dogs must restrain and muzzle them when on public property and maintain liability insurance of \$100,000 for personal injury or death resulting from an attack.

Conclusion

While Canandaigua has chosen not to ban pit bulls, the community remains committed to ensuring public safety through responsible dog ownership and effective dog control measures. Understanding New York’s dog bite laws, practicing bite prevention strategies, and adhering to local regulations are essential for creating a safe environment for both people and animals.

If you or someone you know has been injured by a dog bite, it is important to understand your legal rights and options. Contact our firm today for a consultation to discuss your case and explore the best course of action.