Dog bites are highly dangerous. However, people shouldn’t blame the animal for them. In these cases, dog owners are almost always responsible for what happened.
Suffering a dog bite could cause a serious physical injury, depending on the situation. Do people need to cover all medical expenses if they go through this kind of problem? The answer is that it depends.
On this page, people will learn more about New York's dog bite laws and how they work. No one wants to go through this kind of situation, but this knowledge will come in handy if it does happen.
Even if victims know how dog bite law works in the state, they still need a lawyer to help them get the compensation they deserve. This legal process is often complex, so everyone should ideally hire someone who specializes in this kind of case.
The Law Office of Carl Maltese is available for people in Long Island, New York. This firm has worked on dozens of dog bite cases before. Its lawyers are more than experienced, skilled, and qualified to handle them. They're also able to give insight on who pays for a wrongful death in NY.
People suffering from dog bite injuries should call this law firm to schedule a free consultation with one of its legal experts. Once there, they can discuss case details and possible strategies.
How Do New York Dog Bite Laws Work?
New York has strict dog bite laws. Generally, the liability of the accident relies on the dog's owner. Why? Because they are in charge of taking care of foreseeable situations like a sudden attack.
That means they should always follow leash laws and other regulations if they know their pet is dangerous. Now, what happens if they don't know their fluffy friend is capable of hurting another person?
Well, New York follows the one-bite rule, which means dog owners are not liable if their pet bites someone, as long as it doesn’t have a history of aggression. As mentioned before, they should take care of foreseeable situations, but it's difficult to predict something that has never happened in the past.
Nevertheless, there are certain exceptions to the one-bite rule. Even if the animal hadn't bitten anyone by the time of the accident, its owner could be liable if they were negligent while walking dangerous dogs.
Victims of dog bites must keep in mind that they have three years from the day the accident happened to file a lawsuit against the owner of the animal. If they go over that deadline, they won't be able to receive any kind of compensation for the incident.
What Is a Dangerous Dog?
According to the New York dog bite law system, dangerous dogs are animals that attack a person or pet and cause them physical damage without justification. Even if they don't bite anyone, they could still be deemed dangerous if they behave in a way a reasonable person would consider threatening.
Now, who declares that dogs are dangerous? This is usually the job of a judge. It happens when a police officer or dog control agent makes a complaint to study the situation.
When someone makes a complaint about a dog bite accident or dangerous behavior from an animal, there is an investigation into the matter. The owner of the animal then goes to a hearing to state their side of the story.
Any dog owner would know if their pet is legally dangerous. Hence, they would understand that something like a dog bite wouldn't be an unforeseeable problem.
Who Is Liable for Dog Bites in New York?
Dog owners will almost always be liable for dog bites in NYS. Thus, they will be the ones to pay for all the expenses the victim may go through. Regardless of that, there are two main exceptions to this rule:
First, the victim provoked the dog in any way. In this case, the owner's liability could be reduced or completely removed. It's worth noting that, if the victim wanted to touch the pet and the other person told them not to do it, they would be responsible for their own injuries.
Animals are often aggressive when a stranger gets into their house without permission. Some dogs are specifically trained to attack in those situations.
If the victim was trespassing on the owner's property when they got bit, they won't win a case against them. They were, at the end of the day, committing a crime.
Setting that aside, when dog bite victims report an attack from an animal that was legally considered dangerous, its owner could have additional penalties. They include potential fines and restrictions on what they can do with their pet.
What Can People Get Compensation for in a Dog Bite Accident?
The whole idea of dog bite liability as a legal concept is to help the victim cover medical costs if they file a personal injury lawsuit with a dog bite attorney in Long Island. Can the plaintiff receive additional benefits if they win the case?
In a nutshell, yes. Depending on the severity of the case and other factors, such as the dog's vicious propensity, victims could get special benefits. These are the most important ones:
Medical Bills
What makes the settlements of dog bite cases expensive is how much the victim needs to spend on medical bills. People end up paying a lot for medical treatments, medication, therapy, and others.
It's important that victims go to a doctor as soon as a service dog or any kind of domestic or farm animal bites them. The most dangerous part about these injuries is not the wound itself but the illnesses that could come with them.
Noticing those illnesses is often difficult until it's too late. Medical records will help the victim's New York dog bite lawyer build a strong case. Law Office of Carl Maltese can also advise on who pays for a slip and fall in NY.
Pain and Suffering
Pain and suffering is a legal concept often used in personal injury claims. People use it when dealing with dog attacks, too. Thanks to it, victims of an accident can receive compensation for unquantifiable damage, such as emotional distress and psychological trauma.
There's no way to exactly calculate what those things are worth, so the judges use different methods to compensate victims. Depending on the case, pain and suffering could cover a significant part of the final settlement.
Lost Wages
Lost wages are simply the income victims of a dog bite injury can't make because they are injured or going through the recovery process. Sometimes, the problem is not that the person can't pay for the medical treatment but that they can't keep earning money due to the accident.
The state understands that, so it lets the victims of New York dog bite cases receive financial support based on the average weekly wage they would have earned if the accident hadn't happened.
It's up to the judge to determine if the dog bite victim should receive this kind of compensation and how much money they should get for lost wages.
Property Damage
It's not that common for people to ask for compensation for property damage in a dog bite claim. These animals often bite people's arms or legs, so it's difficult for them to actually damage or break anything.
Regardless of that, some people have asked for compensation after a dog bites their clothes or breaks anything in the process. However, this will never be more important than getting money to treat injuries.
How to Get Compensation After a Dog Bite
To get compensation after this kind of accident, victims must file dog bite claims. The process to do this is the same as it would be with any other personal injury lawsuit.
First, they should go to the doctor and contact a lawyer. Once they've built a case strategy and discussed all the details with their attorney, they can file a formal complaint to a court.
The court will use a process server to send a copy of the suit to the other party. Once they answer, the judge should let the plaintiff know of their response.
Both parties have the chance to get to an agreement before the case goes to trial. This is a great chance to get a part of the compensation the victim needs if they are not sure about winning the case. If they don't want to negotiate, they can settle everything in the courtroom.
Wrapping Up - Get Help from the Law Office of Carl Maltese
The dog owner in a dog bite case is generally liable for the accident. Hence, they are the ones to pay for the financial compensation the victim will ask for. That includes property damage, lost wages, pain and suffering, and more.
If victims want to get compensation in this kind of case, they must gather evidence, file a dog bite lawsuit, and do what they can to win the case. Both parties in a legal process can get to an agreement to avoid going to trial.
Although the dog's owner is almost always responsible for a dog attack, things are not always like that. If the victim was teasing the animal or trespassing, they wouldn't be able to get compensation.
Personal injury lawyers will let victims of a dog attack know this in the first case evaluation they have. There, they should discuss if their client has an actual chance to win the trial.
Victims in Long Island, New York, can contact the Law Office of Carl Maltese whenever they need to. Its lawyers handle dog bite cases professionally and make their clients feel like they are the only ones in the firm.