Dog bites can result in serious injuries, significant medical expenses, and emotional trauma. Understanding what your legal rights are, as a victim, is important while navigating the aftermath of such an incident. In New York, specific laws govern dog bite cases, and knowing these can help victims secure the compensation they deserve. Knowing your legal rights as a victim is critical in navigating the aftermath of such an incident.

Although we love our furry companions and it's rare for them to cause harm, unfortunate incidents can occur.  This article covers the key aspects of New York dog bite laws, the responsibilities of dog owners, and the legal recourse available for victims.

Understanding New York Dog Bite Laws

New York operates under a "mixed" dog bite law, which combines elements of both strict liability and negligence. Here's a breakdown of what this means for victims and dog owners:

• Strict Liability for Dangerous Dogs: If a dog has been previously declared dangerous, the owner is responsible for any harm the dog caused, regardless of whether the owner was negligent. This means that the victim does not need to prove the owner's negligence to receive compensation for medical expenses.
• Negligence: For cases involving dogs not previously declared dangerous, victims must prove that the owner was negligent. This could involve demonstrating that the owner knew or should have known about the dog's aggressive nature and failed to take reasonable steps to prevent the bite.

Key Elements of New York Dog Bite Law

• Dangerous Dog Determination: A dog may be declared dangerous if it attacks a person or another animal without justification or if it behaves in a way that would make a reasonable person believe the dog poses a serious threat.
• Owner's Liability: Owners of dangerous dogs must take specific precautions, such as securely confining the dog and using a muzzle or leash in public. Failure to follow these requirements can lead to increased liability.
• Comparative Negligence: New York follows the comparative negligence rule, meaning that if the victim's actions contributed to the bite, their compensation could be reduced proportionally. For example, if a victim was teasing the dog, they might be found partially responsible.

What Victims Should Do After a Dog Bite

If you or someone you know has been bitten by a dog, taking immediate and appropriate steps will significantly impact the outcome of any legal action. Here are some crucial steps to follow:

1. Seek Medical Attention: Prioritize your health by seeking prompt medical care. Dog bites can potentially lead to infections, nerve damage, and other serious health issues.
2. Report the Incident: Notify local animal control or law enforcement about the bite. This can help in documenting the incident and determining if the dog has a history of aggressive behavior.
3. Gather Information: Collect details about the dog and its owner, including contact information and any available witnesses. Photographs of the injuries and the location of the incident can also be valuable.
4. Document Your Injuries: Keep a record of your injuries, treatments, and any related expenses. These documents can support your claim for compensation.
5. Consult a Lawyer: Talk to a lawyer who specializes in dog bite cases to learn about your rights and the best steps to take. They will assist with negotiating with insurance companies and taking legal action if needed.

Legal Recourse for Dog Bite Victims

Victims of dog bites in New York have several options for seeking compensation:

• Personal Injury Lawsuit: Victims are able to file a personal injury lawsuit against the dog's owner. The compensation will cover medical expenses, lost wages, pain and suffering, and other related costs.
• Homeowner's Insurance Claims: Many homeowner's insurance policies cover dog bite incidents. Victims can file a claim with the owner's insurance company, which may provide compensation without the need for a lawsuit.
• Small Claims Court: For cases involving smaller sums, victims may pursue compensation through small claims court, which is a faster and less formal process.

Potential Compensation for Victims

Victims of dog bites can seek a few different types of compensation, including:

• Medical Expenses: Coverage for both current and future medical costs related to the injury.
• Lost Wages: Reimbursement lost income, due to the inability to work.
• Pain and Suffering: Monetary damages for physical pain and emotional distress caused by the incident.
• Property Damage: If the dog bite resulted in damage to personal property, such as clothing or devices.

Important Statistics

Understanding how often dog bites happen and the harm they can cause shows why these legal protections are so important. Here are some key statistics:

• According to the American Veterinary Medical Association (AVMA), there are approximately 4.5 million dog bites in the United States each year.
• The Centers for Disease Control and Prevention (CDC) states that nearly 1 in 5 people bitten by a dog require medical attention.
• The Insurance Information Institute (III) states that in 2020, insurers paid out $854 million in liability claims related to dog bites and other dog-related injuries.

Conclusion

New York's dog bite laws aim to protect victims while holding negligent dog owners accountable. By understanding these laws and knowing the appropriate steps to take following a bite, victims can better navigate their recovery and seek the compensation they deserve. If you or a loved one has been bitten by a dog, consulting with a knowledgeable lawyer will provide valuable guidance and help ensure your rights are protected.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.