Under the dog bite laws in NY, if someone is bitten by a dog and injured, the owner of the dog will be strictly liable to pay for the medical bills to the injured person if that person is not covered by insurance. However, dog bite laws in NY state that New York is a “one bite state” when it comes to suing the dog owner for personal injuries. With this in mind, if you or someone you know has been injured as the result of a dog bite, it is advisable to contact a dog bite lawyer in New York to help you better understand the dog bite laws in NY.
In order to recover a monetary judgment in a lawsuit for being bitten by a dog, the victim will have to show that the dog is vicious and that the owner knew or should have known about such vicious propensities. Obviously if the dog had previously bitten someone else the victim will easily be able to show the dog had vicious propensities.
The breed of the animal and the animal’s past history may be taken into account as well to determine the vicious propensity of the dog. If you own a dog who’s breed has previously been deemed “dangerous” the courts may take this into account as to whether the dog owner was aware of the dog’s vicious propensity. The top 10 most dangerous dog breeds according to the Centers For Disease Control are Pit Bulls, Rottweilers, German Shepherds, Huskies, Alaskan Malamutes, Doberman Pinschers, Chow Chow, Presa Canario, Boxer, Dalmatian.
The dog bite attorneys at the Law Offices of Stuart M. Kerner, P.C. will assist you in preservation and preparation of evidence, including medical records, photographs, and the contact of witnesses. We are experienced in handling dog bite cases and can aggressively pursue every avenue of recovery to ensure that you are compensated for your injuries.
In general, dog bite settlements cover the cost of the victim’s medical expenses as well as trauma/personal injury. In some situations, we can also recover lost wages, out-of-pocket medical expenses and punitive damages.
Under NY law the injured person who was bitten by the dog will still have to show that the dog is vicious and that the owner knew or should have known about such vicious propensities. Obviously if the dog had previously bitten someone else the victim will easily be able to show the dog had vicious propensities.
A prior bite is only one way of showing vicious propensities. In fact, the courts of New York have previously held that if a victim can prove that the dog has a dangerous nature and the owner knew or should have known of the dog’s dangerous behavior, then the one bite rule will not apply. Some examples of a dangerous nature could be that the dog had previously been known to growl, snap or bare its teeth or the dog had a tendency to snap at people. The owner may have let it be known that the dog is an “attack dog” or warns people that “the dog bites”.
Under New York law, if a dog attacked someone because it was provoked, the law allows for several defenses that the dog’s owner can use, including:
This law means that the dog is allowed one bite before the owner gets into legal trouble. However, that one “free” bite means that the dog owner is held liable for injuries the dog causes if the owner had reason to know that their dog is capable of causing the kind of injury you received. Dog bite cases can be complicated, which is why you need an experienced attorney.
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The Law Offices Of Stuart M. Kerner, P.C. has a track record of representing clients who have been hurt due to negligence or preventable accidents. Having a comprehensive investigation of the accident scene immediately after it happens is crucial for identifying a long-term strategy for protecting you. Our law firm can help you with many different aspects of your claim including:
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