Dog bites are serious issues, sometimes resulting in severe injuries or death. Those impacted by a canine attack should seek legal counsel from an experienced dog bite lawyer in New York.
These incidents are responsible for an estimated 6,000 emergency room visits annually in New York, per a New York City Vital Signs report. Further, from 2005 to 2018, New York saw around 471 fatalities due to canine attacks, as shared by DogsBite.org.
According to the Journal of the American Veterinary Medical Association, most of these bites are inflicted by dogs familiar to the people involved, either because they are the dog’s owner or a neighbor, friend, or family member of the owner. The familiarity can make an already stressful event more challenging, and adequate legal counsel can make the process easier.
Those bitten by dogs should understand the state’s laws around these incidents and how a New York dog bite lawyer can help.
What New York Dog Bite Laws Are Relevant to Those Injured By Dogs?
Most states use “one-bite” rules or “strict liability” to handle dog bites, but New York uses a combination of these laws.
Leeway Given by the One-Bite Rule
The one-bite rule means that dog owners may not be held responsible for their dog’s first bite or attack if they had no knowledge of previous aggressive tendencies in the animal. This grants a pass to dogs and their owners for the first incident of aggression, as there are cases of recently adopted dogs displaying aggression that the shelter, adoption center, or breeder did not disclose. Once the dog displays aggressive behavior, the owner must take reasonable steps to prevent future issues.
The Rigid Implications of Strict Liability
Strict liability policies hold dog owners responsible for all harm caused by their dogs, regardless of previous behavior. Liability involves any medical or veterinary bills resulting from the dog’s aggression.
In New York, these laws are applied case by case, depending on the owner’s knowledge and responsibility. In practice, this means a dog previously labelled as dangerous who acts aggressively may face stricter consequences (and so will its owner). A dog with no history of aggression who bites, for instance, out of self-defense, may not face legal trouble.
What Does New York Consider a Dangerous Dog, and What Are the Consequences?
Under Section 123 of the Agriculture & Markets Law, a dangerous dog attacks or threatens to attack a person or domesticated animal (including pets, farm animals, and companion animals). This determination is serious and involves a judicial hearing to display clear evidence of the behavior. The law protects citizens and promotes responsible ownership and behavioral awareness.
Once a dog is labelled dangerous, there are a few mandatory measures that the owner should be aware of. These include required spaying or neutering, microchipping, and training or behavioral evaluations. The dog may also need to stay securely confined or muzzled in public.
The court may also require the owner to maintain liability insurance for any potential injuries caused by the dogs. In cases of injury or death by a mauling, the owner may need to pay significant damages, and the state might euthanize the dog.
Understand How a Dog Bite Lawyer Can Help Victims of These Incidents
Working with a dog bite lawyer in New York can make it easier to navigate the legal system after a bite. Experienced dog bite attorneys can assist victims in gathering evidence and documentation to build a case. It is essential for dog bite victims to identify the owner after an incident, wherever possible, as this preserves the right to sue.
Those bitten should also report the incident to local authorities, whether the police department or animal control. This provides critical documentation of the bite that a dog attack injury lawyer can use to file claims. Lawyers will use all available evidence to further their case, including photos of the injuries or any damaged property, medical records, witness statements, and documented accounts of the incident.
Working with a reliable NYC animal attack attorney is key to streamlining the process of filing insurance claims, navigating personal injury settlements, and attending court cases in the rare event that a trial is necessary. After a traumatic dog mauling, legal help paves the way toward potential medical compensation and other awarded damages.
Consult Elliot Ifraimoff & Associates, PC
Elliot Ifraimoff & Associates, PC offers legal counsel to those affected by dog bites in New York. If you or a loved one is injured in a canine attack, hiring a personal injury lawyer is the best way to explore your legal options and seek compensation for any incurred medical expenses and other damages. Get started with a free consultation today by calling 888-275-3554.
FAQ About Dog Bite Injuries in New York
The aftermath of a dog bite injury can be overwhelming, so our legal team answers the most common questions we hear from victims or their loved ones.
When Is a Dog Owner Not Liable for a Dog Bite?
In New York, dog owners are liable for their dogs’ aggression and bites if the dog has a record of dangerous behavior. Sometimes, an owner with no knowledge of a dog’s history of aggression may not be held liable for the bite. Liability of the owner also does not apply if the dog is provoked or if the victim is trespassing when the bite occurs.
What Evidence Is important in a Dog Bite Case?
In a dog bite case, personal injury lawyers will collect evidence such as photos of the wound and the scene, witness statements, damaged clothing or property, medical records, and statements provided by animal control or police officers.
What Is the Statute of Limitations on Dog Bites in New York?
In New York, the statute of limitations for personal injuries, including dog bites, is three years. Victims should work with a New York dog bite lawyer to initiate and complete any claims or lawsuits within this timeframe to be awarded compensation for damages such as medical bills or property damage.