Six Common Dog Bite Injury Myths in NY | The Law Office of Carl Maltese

Dog bite incidents happen more often than people think. They can leave both physical injuries and emotional scars. Animal attacks are scary, and the myths surrounding them can make it harder for victims to seek justice.

New York dog bite laws protect those who suffer from dog bite incidents, ensuring they get compensation for medical expenses and emotional distress. Our team can also discuss common slip and fall injury myths in NY.

Myth One: Dog Owners Are Always Liable for the Accident

It's easy to assume that the owner is automatically responsible if a dog bites. However, the dog owner's liability isn't always straightforward.

New York operates under two systems depending on the case's specifics: the one-bite rule and strict liability. The first approach doesn't mean every dog gets a free bite.

Instead, it means that to hold a dog owner liable, there must be proof that the pup had a history of aggressive behavior or that the owner knew of the dog's violent tendencies.

If a dog previously bit someone or frequently growled and lunged at strangers, it establishes a history of violence. This is where strict liability comes into play.

Establishing the owner's awareness is critical in personal injury cases. Evidence can include:

• Previous bite incidents

• Past complaints

• Warning signs

Without this evidence, proving the dog owner's liability can be challenging.

Even without a prior history of violence, a dog owner can be held liable if their negligence contributed to the dog bite accident. Negligence can include:

• Violating leash laws

• Failing to secure the dog properly

• Ignoring warning signs of aggressive behavior

Myth Two: Victims Can Take Forever to File a Dog Bite Claim

Many people believe they have unlimited time to file a dog bite claim. However, New York law sets a strict deadline.

The statute of limitations for personal injury claims is three years from the incident. Dog bite accidents also follow the same time restrictions.

Myth Three: Dog Bite Victims Can Only Seek Compensation for Physical Injuries

While physical injuries are significant, the impact of dog bites extends beyond the visible wounds. Victims can also seek compensation for emotional and psychological trauma.

Medical Expenses

Compensation should cover all medical costs related to the bite, including emergency care, surgery, physical therapy, and future treatments.

This can include ambulance rides, wound disinfection, antibiotics, and vaccinations. Severe cases might require overnight stays, plastic surgery, or even amputation.

Emotional Distress

Dog bites can cause lasting emotional trauma. Compensation for pain and suffering considers the psychological toll, scarring, and decreased quality of life.

This might include mental anguish, such as post-traumatic stress disorder (PTSD) and emotional trauma.

Victims must seek immediate medical attention after a dog attack to ensure swift recovery and to prevent infections.

Property Damage

Compensation from a dog bite claim may include certain costs if the domestic animal damaged the victim's property, such as torn clothes and broken devices.

Myth Four: Dog Bite Incidents Always Go to Trial

It's a common belief that dog bite cases always end up in court. However, most of these personal injury cases are resolved through settlement negotiations.

Settlement Vs. Trial: What's the Difference?

In a settlement, the injured party and the dog owner (or their insurance company) agree on compensation. This usually involves negotiations and can happen anytime, even after a lawsuit has been filed.

A trial happens when both parties can't agree, and a judge or jury decides the outcome. This involves presenting evidence and arguments in court with the help of a Long Island dog bite attorney.

Why Most Cases Settle

Settlements reduce the risk for both the victim and the dog owner. Trials are unpredictable, and the outcome is never guaranteed.

On top of that, settlements are generally faster than trials. This allows the victim to receive compensation sooner.

Trials can be expensive, involving legal fees, expert witnesses, and court costs. Settlements help avoid these expenses.

Also, with a settlement, both parties know the outcome. Trials have uncertain results; a jury could award less compensation than expected or no damages.

Myth Five: It's Expensive to Hire a Dog Bite Lawyer

Many hesitate to hire a dog bite lawyer in New York, fearing high upfront costs.

However, most personal injury law attorneys work on a contingency fee basis, making legal representation accessible to many victims. Clients can also undergo a free consultation session before committing to the attorney. Our team of experts can also consult on common workplace accident myths in NY.

What Is a Contingency Fee?

A contingency fee means the lawyer only gets paid if they win the case.

The attorney's fee is a percentage of the compensation they recover for the client, typically ranging from 33% to 40%. If they don't win, victims don't pay them.

Costs to Consider

While the attorney's fee is contingent, other costs may be involved in pursuing cases when dog bites occur. These might include:

• Filing fees

• Expert witness fees

• Deposition costs

• Medical record fees

These expenses are usually paid out of the settlement or jury verdict.

Myth Six: Only Mean Dogs Bite

Many people think that only vicious dogs - such as pit bulls - bite, but even friendly dogs may attack if they feel threatened.

For example, a dog might bite if someone trespasses on the owner's property. Any canine can bite if it feels intimidated.

What Are the Responsibilities of a Dog Owner?

Owning a dog is a rewarding experience but comes with many responsibilities. Fulfilling these duties is essential for ensuring the dogs' and the community's safety and well-being.

Leash Laws

Many localities have leash laws requiring dogs to be leashed when off the owner's property. These laws prevent dogs from running loose and potentially causing harm.

Control and Supervision

Even when leashed, dog owners must maintain control of their pups. They should supervise their pets to prevent them from jumping on people or behaving aggressively.

Failing to control a dangerous dog can have consequences for the owner. The law may also order local animal control centers to remove the pet if it acts aggressively toward unknowing passersby.

Preventing Bites

Dog owners have a duty to prevent dog bites. This can include:

• Training their dogs

• Socializing their dogs

• Warning others if the dog has a history of aggressive behavior

Dog owners are expected to secure their pets properly on their property. This might involve fences, gates, or indoor confinement to prevent the dog from escaping and causing harm.

Final Words

Some believe that if a person is bitten, they must have provoked the dog. However, dog bite claims often prove that the victim did nothing wrong.

Children, adults, and farm animals can suffer serious physical injuries even when they are simply near a vicious dog.

New York's dog bite laws recognize that not all bites occur because of victim behavior. Owners can be held accountable if they fail to control a dangerous dog.

A personal injury attorney can protect a victim's rights and help secure fair compensation. Insurance companies may downplay injuries, and dog owners may deny responsibility.

Navigating the legal landscape with expert help from the Law Office of Carl Maltese is always a wise decision.