New York Dog Bite Lawyer

New York is a state known for its vibrant culture, bustling cities, and diverse communities. Amidst the hustle and bustle, it’s not uncommon to encounter man’s best friend, the loyal and loving dog. While the vast majority of dogs in New York are friendly and well-behaved, there are instances where dog bites can lead to serious injuries and legal complexities. If you were bitten by a dog, reach out to a New York dog bite lawyer at Mark David Shirian P.C. Our personal injury attorneys can tirelessly fight for your right to compensation and seek to hold the owner accountable for their negligence.

UNDERSTANDING DOG BITE LAWS

New York’s dog bite laws do not strictly adhere to either the one-bite rule or strict liability but instead represent a blend of both legal concepts. According to the statute, dog owners bear strict liability primarily for covering medical and veterinary costs in the event of a dog attack. However, the dog owner may be held accountable for additional damages only if the victim can demonstrate that the owner was aware, prior to the attack, that their dog posed a danger but failed to take appropriate preventive measures.

New York has specific laws governing dog bites, and they fall under the “one bite rule” and strict liability. Here’s a brief overview:

One Bite Rule

In some states, a dog owner is only held liable for a dog bite if they were aware that their dog had a propensity for aggressive behavior. This is often referred to as the “one bite rule.” However, New York is an exception to this rule.

Strict Liability

In New York, dog owners are held strictly liable for injuries caused by their dogs, regardless of whether the dog has a history of aggression. This means that if a dog bites someone, the owner is responsible for any resulting injuries, and they can be held legally accountable.

New York State’s dog bite laws are relatively intricate. While some states follow the “one-bite rule” or strict liability, New York incorporates elements of both approaches. A crucial detail to note is the state’s strict three-year statute of limitations for dog bite claims. Failure to initiate a claim or lawsuit within this timeframe may jeopardize your right to seek compensation. A dog bite attorney from our New York law firm can help you file promptly to ensure your rights are protected.

PROVING LIABILITY

To establish liability in a dog bite case in New York, you and your attorney will need to show the following:

• The defendant is the dog’s owner or custodian: You must identify the person responsible for the dog’s care.
• The dog bit the victim: You need evidence that the dog in question actually bit the victim.
• The victim was lawfully present: The victim should have been on public property or lawfully on private property at the time of the incident.
• Injury: There should be evidence of injuries sustained by the victim as a result of the dog bite.
• No provocation: If the victim provoked the dog or was trespassing at the time of the incident, it might affect the outcome of the case.

Securing both types of damages in a dog bite claim necessitates demonstrating the dog’s history of violent behavior, commonly referred to as “vicious propensity.” If the dog has bitten someone in the past, this requirement is met, although there are other scenarios where it may apply.

Establishing vicious propensity entails a comprehensive investigation into the dog’s background to ascertain whether the owner was aware of its history of violence. All dog bite incidents must be reported to the New York City Department of Health (DOH), which may maintain records indicating previous dog bites, which can strengthen your claim. Additionally, if you can provide evidence that the dog posed a threat to others, such as lunging at or snapping at strangers without provocation, you may be able to establish vicious propensity.

It is essential to recognize that the application of the legal concept of vicious propensity is an evolving field, with parameters continually shaped by rulings in specific dog attack cases. Currently, “Beware of Dog” signs alone do not constitute sufficient evidence of an owner’s knowledge of their dog’s vicious propensities. Similarly, a dog known to bark at people while chained is not conclusive proof of vicious propensities.

DOG BITE INJURIES

Victims of dog attacks frequently contend with a range of injuries, including but not limited to:

• Fractured bones
• Amputation digits
• Nerve damage and paralysis
• Fall-related injuries, such as brain trauma and spinal cord damage
• Severe lacerations
• Permanent scarring and disfigurement
• Infections, including the risk of rabies transmission
• Facial trauma

Even in cases that may appear minor, dog owners bear the responsibility of compensating victims for their injuries. Dog owners have a duty to exercise control over their pets and prevent potential attacks. If you have sustained injuries in a dog attack, you may have grounds to pursue compensation through a personal injury claim against the dog owner. However, it is essential to meet specific criteria outlined by New York state law to establish a valid claim. You can consult with a lawyer from Mark David Shirian P.C. to assess your dog bite case in New York.

LEGAL RECOURSE FOR DOG BITE VICTIMS

Victims of dog bites may recover:

• Compensation for medical expenses related to the attack, even if the owner was unaware of the dog’s potential danger.
• Compensation for lost wages, pain and suffering, mental anguish, and disabilities ONLY IF the owner was aware of the dog’s potential to cause harm.

If you or a loved one has been a victim of a dog bite, there are legal avenues available to seek compensation for your injuries. This can include:

• Medical Expenses: You may be entitled to compensation for medical bills related to the treatment of your injuries, including surgeries, hospital stays, and rehabilitation.
• Pain and Suffering: Dog bite victims often experience physical and emotional trauma. You can seek compensation for pain and suffering caused by the incident.
• Lost Wages: If your injuries prevent you from working, you may be eligible for compensation for lost wages and future earning potential.
• Property Damage: If the dog damaged your property in the process of the attack, you may also be entitled to compensation.

The pain and trauma following a dog attack can be overwhelming, leaving victims with both physical and psychological scars. However, the dog bite attorneys at Mark David Shirian P.C. can assist New York victims in securing the compensation necessary to cover the best available treatment, offering the prospect of regaining a sense of normalcy in their lives.

Speak With an Attorney After a Dog Bite in New York

Dog bites can lead to serious physical and emotional trauma, and victims have legal rights to seek compensation for their injuries. If you find yourself in such a situation, you can consult with a New York dog bite lawyer at Mark David Shirian P.C. We can guide you through the legal process, protect your rights, and help you pursue the justice and compensation you deserve. Remember, the law is on your side when it comes to dog bites.