Dog bites can result in severe injuries, including disfigurement and long-term disability. In New York, victims of dog attacks may be entitled to compensation, but the outcome often depends on the state’s dog bite laws and whether negligence played a role. This article explains how negligence can affect dog bite claims, New York’s relevant laws, and why it’s essential to work with an experienced attorney.
New York Dog Bite Laws: Strict Liability and Negligence
New York follows both strict liability and negligence principles in dog bite cases.
- Strict Liability: If the dog has a known history of aggressive behavior, the owner is automatically responsible for medical expenses. However, compensation for pain and suffering or lost wages requires proving negligence.
- Negligence: To recover full damages, the injured party must show that the dog owner acted negligently, such as failing to leash the dog in public or not taking precautions despite knowing the dog’s dangerous tendencies.
What Constitutes Negligence in Dog Bite Cases?
Negligence in dog bite cases typically involves an owner failing to prevent their dog from causing harm. Common examples include:
- Failure to Restrain the Dog: If a dog is not properly controlled in public spaces like parks or stores and bites someone, the owner can be held liable for not using a leash or other restraint.
- Ignoring a Known Risk: Owners of dogs with a history of aggression must take precautions like using a muzzle or keeping the dog confined. If they fail to do so and the dog bites someone, they may be found negligent.
- Violation of Leash Laws: Many cities in New York require dogs to be leashed in public areas. If an owner violates this law and their dog bites someone, the owner’s negligence is easier to prove.
Proving Negligence
To establish negligence in a dog bite claim, the victim must demonstrate that:
- The dog owner had a duty to control their pet.
- The owner breached that duty.
- This breach caused the injury.
- The victim suffered damages as a result.
Defenses Used by Dog Owners
Dog owners may defend against dog bite claims by arguing that the victim provoked the dog or was trespassing at the time of the attack.
Steps to Take After a Dog Bite
If you’re bitten by a dog, follow these steps to protect your health and legal rights:
- Get Medical Attention: Immediate treatment is essential to prevent infection.
- Identify the Dog and Owner: Collect contact details of the dog owner and any witnesses.
- Report the Incident: Notify local animal control or law enforcement to document the attack.
- Consult a Lawyer: Contact a dog bite attorney to assess your case and pursue compensation.
Why You Need a Dog Bite Lawyer
Dog bite claims can be complex, especially when proving negligence. An experienced attorney will gather evidence, negotiate with insurance companies, and fight for the compensation you deserve.
The team at Gash & Associates, P.C. in White Plains, NY, has the expertise to handle your case and ensure you receive fair compensation. Call them today at (914) 328-8800 for a consultation.
