Dog bites can be traumatic and lead to severe injuries, both physically and emotionally. If you have been bitten by a dog in New York, understanding your legal options and the liability associated with dog bite injuries is crucial. Below, we provide an introductory overview of how liability works in dog bite cases in New York and the steps you can take to pursue legal action.
How Does Liability Work in Dog Bite Cases?
New York follows a “mixed” or “hybrid” approach to dog bite liability, combining elements of both strict liability and the “one bite” rule. Here’s what you need to know:
Strict Liability for Dangerous Dogs
Under New York Agriculture & Markets Law § 121, a dog owner is strictly liable for medical costs resulting from a bite if the animal is classified as dangerous. Dogs are considered hazardous if they:
• Attack without justification and cause serious injury or death.
• Exhibit behavior that a reasonable person would believe poses a serious and unjustified threat of serious physical injury or death.
Under strict liability, once dogs are classified as dangerous, the owner is responsible for covering the medical expenses of the victim, irrespective of whether the owner knew the animal was dangerous prior to the incident.
The “One Bite” Rule for Other Damages
For other types of damages, such as pain and suffering or lost wages, New York follows the “one bite” rule. This means that an owner may be held liable if they knew or should have known that their dog had vicious tendencies. Evidence that can support this includes:
• Previous incidents of the animal biting or attacking someone.
• The animal’s history of aggressive behavior, such as growling, snapping, or lunging.
• The breed or size of the pet if it is known for aggressive tendencies.
In cases where the owner was aware of the dog’s dangerous propensities, victims can seek compensation beyond medical costs, including for emotional distress and other related losses.
To establish liability under the “one bite” rule, the victim must provide evidence that the dog had previously exhibited dangerous behavior and that the owner knew or should have known about it. This can be demonstrated through witness testimony of past incidents, veterinary records or animal control reports documenting the pet’s behavior, and statements from neighbors or others familiar with the creature’s history.
Exceptions and Defenses
There are situations where the owner might not be held liable, such as:
• Provocation: If the victim provoked the animal, the owner’s liability might be reduced or eliminated.
• Trespassing: If the victim was trespassing on the owner’s property at the time of the bite, liability might not be established.
• Assumption of Risk: In some cases, if the victim voluntarily assumed the risk of being bitten, such as during professional interactions with animals, the owner’s liability might be mitigated.
These exceptions can prevent dog bite victims from receiving the full compensation they may otherwise be owed. If you are concerned about the possibility of these exceptions, it is crucial to speak with an experienced personal injury lawyer about your dog attack claim.
Potential Damages in Dog Bite Cases
Victims of dog bites in New York may be entitled to various types of compensation, including:
• Medical Expenses: Coverage for current and future medical bills related to the injury.
• Lost Wages: Compensation for income lost due to time off work or inability to work.
• Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life.
• Property Damage: Compensation for any personal property damaged during the attack.
• Punitive Damages: In cases of particularly egregious behavior by the owner, punitive damages may be awarded to punish the owner and deter future misconduct.
The specific damages available in your claim will depend on the circumstances of your injury and whether you qualify under the one-bite rule.
Steps to Take After a Dog Bite
If you or a loved one has been bitten by a dog, taking the following steps can help protect your legal rights and build a strong case:
- Seek Immediate Medical Attention
Your health and safety are the top priorities. Seek medical attention immediately after any animal attack, even if the injury seems minor. Medical records will also serve as crucial evidence in your case. - Report the Incident
Report the dog bite to local authorities, such as animal control or the police. This creates an official record of the incident, which can be important for your legal case and for preventing future attacks by the same animal. - Gather Information
Collect as much information as possible about the incident, including:
• The owner’s name and contact information.
• The animal’s breed, size, and color.
• Witness statements and contact information.
• Photos of the injuries and the location where the bite occurred.
These details may be invaluable for supporting your claim. - Document Your Injuries
Keep detailed records of your injuries, medical treatments, and any other expenses related to the dog attack. This includes medical bills, lost wages, and any other costs incurred due to the attack. - Contact an Experienced Personal Injury Attorney
Dog bite cases can be complex, especially when determining liability and calculating damages. An experienced personal injury attorney can help you navigate the legal process, gather evidence, and advocate on your behalf to ensure you receive fair compensation.
Experienced Legal Counsel for Victims of Dog Bites in New York
If you have been bitten by a dog in New York, understanding your legal options and the complexities of liability can help you take the necessary steps to seek justice and compensation. By following the outlined steps and working with an experienced personal injury attorney, you can navigate the legal process effectively and focus on your recovery.
For personalized legal advice and representation, contact Rimland Law today. Our team of experienced personal injury attorneys is dedicated to helping dog bite victims secure the compensation they deserve.