October 26, 2024
|
Reading Time: 6 min
Dog bites are traumatic experiences that can leave victims with physical injuries, emotional scars, and hefty medical bills. If you or someone you love has been bitten by a dog, it’s essential to understand your legal rights and the steps you can take to seek compensation.
Navigating the intricate landscape of dog bite laws can be challenging, but with the right knowledge and legal support, you can secure the justice and compensation you deserve.
Understanding New York’s Dog Bite Laws
New York applies a combination of strict liability and the one-bite rule for dog bites, making it somewhat unique compared to other states. The state distinguishes between injuries caused by a dog’s known dangerous tendencies and incidents where the dog was not previously known to be aggressive.
- Strict Liability for Medical Costs
New York law holds dog owners strictly liable for the victim’s medical expenses, even if the owner was not aware that the dog had dangerous tendencies. This means that regardless of the circumstances leading to the bite—whether the dog was provoked or had never bitten anyone before—the owner must cover the injured party’s medical treatment costs. - The “One-Bite Rule” for Additional Damages
For claims beyond medical expenses, such as pain and suffering or lost wages, New York follows the one-bite rule. This requires the victim to prove that the dog had previously exhibited dangerous behavior, such as biting or snapping at someone, and that the owner knew or should have known about the animal’s aggression.
Steps to Take After a Dog Bite
Steps to Take After a Dog Bite in New York
Taking prompt action after a dog bite is essential to protect your legal rights and ensure you receive appropriate medical care. Below are the key steps to follow:
- Seek Medical Attention
Even minor dog bites can become infected, so it is crucial to get medical treatment immediately. A healthcare provider can clean the wound, prescribe antibiotics, and document your injuries, which will serve as evidence if you pursue a legal claim. - Report the Incident to Animal Control
Filing a report with your local animal control office is essential, as it creates an official record of the attack. Animal control can also investigate whether the dog has a history of aggressive behavior and check its vaccination status, including rabies shots. - Gather Evidence
Collecting evidence from the scene of the bite can strengthen your case. Take photographs of your injuries, the location of the incident, and the dog if possible. If there are witnesses, ask for their contact information and statements. - Identify the Dog’s Owner
It is important to identify the owner of the dog, as they are legally responsible for the animal’s actions. If the dog was with a caretaker, such as a dog walker or pet sitter, document their involvement as well. - Consult an Attorney
A personal injury attorney with experience in dog bite cases can guide you through the legal process and help you understand your rights. An attorney can also negotiate with the dog owner’s insurance company and file a lawsuit if necessary.
Proving Liability in a Dog Bite Case
To successfully claim compensation, you must prove that the dog owner is liable for your injuries. Key elements that need to be established include:
- The dog belonged to the defendant
- You were bitten and suffered injuries as a result
- The incident occurred in a place where you had a legal right to be
- The dog owner’s actions (or lack thereof) contributed to the bite
Common Pieces of Evidence Used In Dog Bite Cases
Demonstrating that a dog had a known history of aggressive behavior is essential for obtaining compensation beyond medical expenses. Common types of evidence include:
- Medical Records: Records from your medical provider will show proof of any treatments for the bite you sustained.
- Witness Statements: Neighbors or other witnesses may testify that the dog previously displayed aggressive behavior.
- Animal Control Records: Previous complaints or reports about the dog can establish a pattern of aggression.
- Veterinary Records: Evidence that a veterinarian warned the owner about the dog’s behavior may support the case.
Compensation Available to Dog Bite Victims
If you successfully prove liability, you may be entitled to several forms of compensation, including:
- Medical Expenses: Coverage for hospital visits, surgeries, medications, and follow-up care.
- Lost Wages: Reimbursement for income lost during recovery.
- Pain and Suffering: Compensation for physical pain and emotional distress.
- Property Damage: Recovery of costs for any personal property damaged during the incident.
- Punitive Damages: In cases of extreme negligence or malicious intent, the court may award punitive damages to punish the dog owner and deter future misconduct.
Owner Defenses to Dog Bite Claims
Dog owners may defend themselves against liability by arguing that the victim provoked the attack or was trespassing at the time of the incident. Some common defenses include:
- Provocation: If the dog was provoked—whether intentionally or unintentionally—into biting, the owner may argue that they should not be held liable for damages. Provocation can include teasing, striking, or startling the dog.
- Trespassing: Dog owners are generally not liable for injuries sustained by individuals who were trespassing on their property when the bite occurred. However, this defense does not typically apply to children, who may not understand the concept of trespassing.
- Assumption of Risk: In some cases, the owner may claim that the victim knowingly took the risk of interacting with a potentially dangerous dog. This defense might apply, for example, if the injured party ignored warnings to stay away from the animal.
Why You Need a Personal Injury Attorney
Dog bite cases can quickly become legally complex, especially with varying state laws, potential defenses, and the need for substantial evidence. Having an experienced personal injury attorney ensures that your case is thoroughly evaluated and that every possible avenue for compensation is explored.
How Cellino Law Can Help
At Cellino Law, our team of dedicated personal injury attorneys has extensive experience handling dog bite cases. We understand the physical, emotional, and financial toll these incidents can take on victims and their families. Our lawyers are committed to fighting for your rights and ensuring you receive the maximum compensation you deserve.
If you or a loved one has been the victim of a dog bite, don’t navigate this challenging time alone. Reach out to a dedicated and experienced legal team to help secure the justice and compensation you deserve.
Contact Cellino Law today to schedule your free consultation. Call us at 888-888-8888.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.