Responsible dog owners know the importance of maintaining control over their pets when around other people or animals. However, not every owner does this, and dog bite cases are very common in the US.
However, New York's dog bite laws are designed to allow victims to seek compensation from the dog owner liable for their injuries.
All that is needed is to prove fault in a New York court, which is not always an easy thing to do. Even in the case of serious physical injury, the dog owner can still try to avoid being held liable for the attack.
This is why the dog victim needs to consider hiring a personal injury lawyer with an in-depth knowledge of New York dog bite law. The Law Office of Carl Maltese can also explain how to prove fault for wrongful death in NY.
With a well-prepared lawsuit, massive damages can be awarded. The Law Office of Carl Maltese has been assisting many dog bite victims in New York for many years. A good lawyer can be reached for a free consultation for how to prove fault for a slip and fall in NY as well.
Common Types of Dog Bite Injuries
Depending on the size of the dog and how many animals are involved in the attack, the victim can suffer a wide range of serious injuries.
Many dog bite incidents have even resulted in fatalities, which is one of the reasons New York law takes such cases very seriously.
The following are some of the most common dog bite injuries victims are likely to suffer:
Puncture wounds
Facial trauma
Broken bones
Loss of tissue
Nerve damage
Head injuries
Amputation
Rabies
Crush injuries
Psychological and emotional trauma
New York Dog Bite Laws
Making sure that a dog is vaccinated, collared, and tagged is among the basic requirements set by New York dog bite laws. While there is no state law regarding leashes, each municipality is allowed to impose its restrictions.
In the city of New York, dog owners are not allowed to take their animals out in a public place without a leash. In all cases, dog bites must be reported to the authorities within 24 hours. The law also demands that any dog that bites a person be quarantined for rabies observation.
However, in the aftermath of a dog attack, the two most important things to remember are the one-bite rule and the strict liability laws in New York. These are explained in brief below:
One Bite Rule
If a dog bites a person and it is the first time such an incident has happened with this particular animal, the one-bite rule can let the dog owner off the hook.
This is because the law gives the owner the benefit of the doubt that they did not know the dog was dangerous or likely to attack someone.
However, if the dog has demonstrated aggressive behavior before, or it is established that the owner knew that the animal was dangerous, the one-bite law will not apply.
In this case, the dog owner is expected to have taken reasonable precautions to prevent the attack from occurring.
Strict Liability
If strict liability laws are imposed, it does not matter whether the dog owner knew that their dog is dangerous or not. This means when it comes to medical expenses and veterinary costs, the dog bite liability will rest squarely on the shoulders of the owner.
Dangerous Dog Laws in New York
Dangerous dogs are usually those that attack, injure, or even kill their victim without provocation or justification. This also applies to cases where the dog attacks a domestic, farm, or companion animal.
However, if the attack occurred because the dog was assisting a police officer, an exception will be made.
Also, the behavior and conduct of the victim in the moments leading up to the attack must be considered.
Legal Implications a Dangerous Dog Owner Must Know
Dog owners can face serious legal and economic ramifications if they allow a dog that has been declared dangerous to bite someone.
In New York, the dog owner can be charged with a misdemeanor, which is punishable by up to $3,000 in fines and a jail term of 90 days.
Also, once a dog has been classified as dangerous, the following will likely occur:
Court-ordered mandatory measures, such as neutering or spaying
Restraint and confinement of the dog
Requirement for the owner to maintain a liability insurance policy
Other severe penalties, such as euthanization of the dog
Who Is Liable When a Dog Bites a Person in New York?
New York laws generally place the liability for injuries caused by a dog on its owner. This means they will be responsible for paying for the medical costs incurred by the victim of the dog attack.
However, if the dog bite victim wants to claim any non-medical damages, such as lost wages, the personal injury lawsuit will require proof of negligence regarding the dog bite incident.
Proving Fault in a Dog Bite Case
Establishing a dog owner's liability is not always easy. While having a dog bite lawyer in Long Island is the right choice, there are also various things dog bite victims can do to increase their chances of success if the case goes to trial. These include:
Identifying the dog owner
Seeking medical assistance
Reporting the dog bite case
Collecting medical records and receipts of bills paid
Gathering evidence, such as photos
Obtaining witness statements
Documenting all important information
Hiring an experienced dog bite lawyer
What Compensation Can Dog Bite Victims Expect?
Like any other personal injury claim, dog bite victims can expect their medical expenses to be covered by the liable parties. If negligence can be proven, the victims may also sue for lost income, property damage, and pain and suffering.
Statute of Limitations for Dog Bite Cases
The statute of limitations for seeking compensation for injuries sustained in an animal attack in New York is three years.
This is the amount of time the victims have to file a lawsuit, after which the statute will run out, and a claim will no longer be possible.
Launching a Dog Bite Lawsuit? A Good Attorney Can Help
Dog bites can leave a lasting impression on victims, which is why they need to seek compensation for their injuries as soon as possible.
With a good attorney on their side, plaintiffs can walk away with a large sum of money to cover the damages they have suffered.
The Law Office of Carl Maltese is ready to help. Victims can visit this firm's Long Island offices today and set up a free consultation.
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