Dogs are a popular family pet. Despite this, they can still pose a threat. In fact, dog attacks and dog bites may leave severe injuries, and their owners bear responsibility for any damage inflicted by their pets. If a dog attack leaves you injured, you need the legal guidance of a New York dog bite lawyer.
In New York, irresponsible dog owners may be liable if their dogs cause harm to other people. If a dangerous dog injures you or someone you love, the legal team at Bailey, Johnson & Peck can help. Our team fights for the compensation you need for medical expenses, lost income, and any psychological harm resulting from the dog attack. Please contact our dedicated legal team at 518-456-0082 for a free consultation about your potential personal injury case.
In most states, the legal stance on dog bites is either strict liability or the “one bite” rule. Intent to do harm or actual negligence is not necessary for strict liability to apply. The “one bite” rule allows every dog one free bite before being considered a dangerous animal.
The state of New York takes a dual approach. Its dangerous dog statute states that in the case of dog attacks, animal owners are strictly liable for veterinary and medical costs for victims. The law addresses bite and non-bite injuries another person, companion animals, or livestock suffered.
Dog owners may also be liable for other injuries sustained if the victim proves the owner knew that the animal was dangerous but did not take action to prevent future attacks.
This is how owners are held accountable:
This means a dog owner can only be held responsible for additional damages if they knew the dog had previously been aggressive or vicious.
However, an owner may be liable for damages in addition to medical bills if they demonstrated negligence in caring for or handling their dog.
There are many reasons a dog may attack or bite, such as when:
Though dogs are domesticated animals today, they were once wild. Sometimes a dog follows its instinct to protect itself or its territory and becomes aggressive with intruders. A dog attack victim may be bitten with a dog’s powerful teeth and jaws or knocked down on the ground.
Children, the differently-abled, and the elderly are most at risk for severe injury. Small children are particularly at risk of facial trauma and may not be able to get away or defend themselves. Trauma to the neck, head, and back is a higher risk for the elderly if a dog knocks them down. Disabled persons are at risk for the same types of injuries.
Dog attack victims also experience other attack-related injuries such as:
A dog owner’s duty includes controlling their animals and preventing attacks and bites. Even when a dog bite or attack appears minor, a dog owner should compensate a victim for injuries.
If seriously injured in a vicious dog attack, victims may be able to recover compensation under New York state law with a personal injury claim.
The financial responsibility for your attack may fall on any person who is negligent and contributes to a dog bite incident. This includes:
You must speak with an experienced dog bite attorney right away if a dog bites you. You may have legitimate dog bite injury claims against more than one party. The legal team at Bailey, Johnson & Peck works tirelessly to recover the compensation you deserve for your trauma and injuries. Our New York dog bite lawyers determine who may hold fault for your injury. If multiple parties are responsible, we name them in your claim to maximize your damages.
In New York, dog owners may be strictly liable for an animal attack victim’s medical treatment and expenses. This is true whether the animal has a history of aggression or previously attacked someone. If the dog has a demonstrated pattern of viciousness or the owner was negligent, a victim may be entitled to additional compensation for damages. This includes money for:
Additional compensation only becomes a possibility if the owner knew, or should have known, the animal posed a danger to others.
New York dog bite attorneys must show that the animal has a history of violent tendencies, known as “vicious propensity,” to recover both types of damages in dog bite cases. A dog biting someone in the past fulfills this requirement.
The pet owner’s renters or homeowners insurance policy typically covers dog attack liability expenses. Don’t let the dog owner’s insurance company tell you what your trauma is worth, especially if you contracted rabies from the dog bite. When Bailey, Johnson & Peck investigates and develops your dog bite claim, our law firm seeks compensation for your past, present, and future damages.
Preventing bites begins with knowing the warning signs. The Centers for Disease Control (CDC) lists several strategies for protecting your loved ones and yourself from falling victim to dog bites, attacks, and life-changing injuries. The CDC states that “to reduce the number of dog bite-related injuries, adults and children should be educated about bite prevention, and persons with canine pets should practice responsible pet ownership.”
The CDC says a person should not go up to an unfamiliar dog and should remain calm and still if approached by an unknown canine. Avoid animals that seem sick, nervous, angry, or scared. Approaching dogs that are playing with toys, eating, or caring for puppies is also a potential hazard.
Pet owners must also take steps to prevent dangerous interactions with their pets. Responsible ownership includes:
Dog breeds such as pit bulls are frequently associated with animal attacks. However, remember that a dog’s breed does not determine whether it will bite. Its history and behavior indicate possible future behavior. Even the sweetest family dog can bite if provoked.
Children and men are most at risk for dog bites.
Adolescents should not be left unsupervised with a dog – even a dog they know. It’s also vital that children learn how to behave with dogs, so animals don’t react aggressively.
New York personal injury law gives victims three years from the incident to file dog bite claims. If you do not file your claim by the deadline, you lose your right to compensation.
Our lawyers at Bailey, Johnson & Peck understand that acting quickly after a devastating animal attack is difficult. However, it is necessary, so the statute of limitations does not expire.
All you have to do is give our New York super lawyers a call, and we will get the process started. Bailey, Johnson & Peck has extensive experience with dog bite personal injury cases and the strict liability statute.
Our attorneys have decades of experience in personal injury and insurance law. We explore every available option for holding the dog’s owner and the insurance company accountable for your harm.
Dog bites can cause severe harm, sometimes requiring cosmetic surgery and psychological therapy in addition to immediate medical care. Serious injuries also result when dogs jump up on people and knock them down. Unfortunately, children and older adults may be particularly susceptible to knock-down injuries.
Let us handle the legal and insurance matters so you can get the medical care and financial compensation you need to heal and move on with your life.
Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.
We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.
