According to reports from the American Pet Products Association (APPA), around 65.1 million households in the United States own a dog. Unfortunately, man's best friends can seriously hurt people.
From nips to full-blown attacks, dog bites are common. According to the American Veterinary Medical Association (AVMA), 4.5 million people are attacked by canines each year. Children are more vulnerable to these incidents than adults and often sustain more serious injuries.
More often than not, the dog's owner is legally responsible for any damages and injuries that their pet may cause to another person. Victims can file an insurance claim or sue them to recover compensation for the harm they've suffered.
When insurance companies and injured parties cannot settle dog bite claims for a fair sum, the case must be taken to court through a lawsuit. This guide contains valuable information about this process.
Understanding New York Dog Bite Laws
There's no specific "New York dog bite law." Provisions may be defined at the county or city level. However, there are important rules.
This state follows the "one-bite" rule for cases involving dog attacks, but it's combined with strict liability. Plus, there are exceptions.
Many mistakenly believe this rule gives dog owners a "free bite" before facing liability for their pet's behavior. However, the truth is that people can be held responsible if they're aware of their canine's vicious propensity.
In simple terms, a dog owner can still be held liable even if their pet had never bitten or attacked another person or animal.
New York also ties these laws to the strict liability rule, which states that owners are responsible for all damage their pets cause, whether they're dangerous or not. However, it's slightly different in this state.
According to New York laws, owners are only strictly liable for victims' medical costs and property losses caused by "dangerous dogs."
Exceptions to the One-Bite Rule
There are some exceptions to the one-bite rule:
Prior vicious propensity: This rule doesn't apply if the dog owner knew or should have known that their pet was aggressive or had similar behavior in the past.
Negligence: People can be liable for dog attacks if they're negligent and leave their canines unattended in public places or fail to leash them, for example.
What Qualifies as a "Dangerous Dog" in New York?
Under the New York Agriculture and Markets Law (§ 118), dogs are considered "dangerous" when they:
Attack a person or their companion, domestic, or farm animal without provocation and cause serious physical injury or death
Behave in a way that any reasonable person would believe poses a serious and imminent risk to other people or animals
Attack a service, guide, or hearing dog without justification and cause serious physical injury or death
Exceptions to the "Dangerous Dog" Label
Although most dog bites lead to lawsuits, New York has some protections that pet owners can use to defend themselves in some cases, including the following:
Dogs were defending the home against trespassers.
Dogs were protecting their owner or offspring.
Dogs were reacting to pain and suffering.
Dogs were provoked by torment, abuse, or assault.
Steps to Filing a Lawsuit for a Dog Bite in New York
These are the steps for filing a lawsuit for a dog attack in New York:
1. Seek Medical Attention
Victims' priority after a dog bite is to seek immediate medical attention. Prompt treatment can prevent injuries from becoming more severe and set a record that can be used to prove the case.
Injured parties should keep records of the following:
Doctor's reports
Prescriptions
X-rays and other diagnostic tests
Ongoing treatment needs
2. Report the Dog Bite
The next step is to report the accident to animal control officials. This document can provide victims with key information about the attack, the dog's description, and other details.
3. Gather Evidence
People who have suffered a dog attack should also gather as much evidence as possible to strengthen their cases and prove that the owner was negligent.
The following elements can be used as evidence for a dog bite claim:
Witness statements to corroborate victims' accounts of the events or the dog's behavior
Dog ownership records and vaccination history to find out if the pet had been vaccinated against rabies
Photographs and footage of the bite wounds, the animal, the scene of the attack, and the healing process
4. Consult with a Dog Bite Attorney
Lawsuits involving animal attacks can be complex. That's why victims should always seek help from an experienced attorney and get their cases evaluated by professionals.
A New York dog bite attorney can evaluate the facts and evidence to identify potentially liable parties and pick a suitable legal remedy. Lawyers can collect other evidence to learn more about the extent of victims' injuries, the details of the attack, and the laws relevant to the case. They can also provide insight on how to file a lawsuit for slip and fall in New York.
5. Negotiate and Settle the Case
Many dog bite cases are settled out of court. Attorneys negotiate with pet owner's insurance companies to set a fair compensatory sum to cover victims' medical expenses, lost wages, and emotional damages, such as pain and suffering.
During the negotiation process, both parties exchange proposals and counter-offers until a mutual agreement is reached. If the case isn't settled, it'll go to trial.
6. Go to Trial
Representing affected individuals, a dog bite lawyer should present evidence and arguments to prove that the pet owner was negligent and how severe the victims' injuries are. An attorney can also assist with how to file a lawsuit for wrongful death in New York.
The jury or judge will assess all documents, reports, witness statements, and other forms of evidence to determine liability and award damages to the party that wins the dog bite case, if applicable.
Damages Recoverable in a New York Dog Bite Lawsuit
Victims who win a dog bite lawsuit in New York can recover multiple damages, including the following:
Medical expenses, which cover past and future medical costs for treating the dog bite injuries, such as doctor's appointments, emergency room visits, medications, surgeries, and more
Lost wages, which includes income that victims lose during the recovery period if they have to miss work
Pain and suffering, including compensation for physical discomfort, anxiety, mental anguish, post-traumatic stress disorder (PTSD), and other emotional damages
Scarring and disfigurement, including compensation for the dog bite's effects on people's bodies
Loss of enjoyment of life if the dog bite injury significantly impacts victims' well-being and ability to participate in activities they once enjoyed
For more information, Long Island dog bite attorneys may be able to help.
Final Thoughts: Dog Bite Victims and Their Families Are Entitled to Compensation!
Dog bites can be traumatic experiences and cause long-term pain and distress, changing injured people's lives forever.
However, a dog bite victim can recover compensation for their injuries. New York has laws that require pet owners to avoid harming others and protect people from these incidents. If they fail to act in a reasonable way and injure others, affected parties can take legal action against them to recover compensation.
Working with a seasoned New York dog bite attorney can significantly increase injured people's chances of winning and ensure they receive fair compensation for their damages.
At The Law Office of Carl Maltese, we have a legal team with experience in personal injury cases involving dog attacks. Get in touch today and request a free consultation!
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