Dog bite attacks can be traumatic events that result in serious injuries. Millions of Americans are victims of dog bite attacks every year, and unfortunately, many of these victims are children. If you have been injured in a dog bite attack, it is important to consult an experienced dog bite lawyer to make sure your rights are protected.
We can see if the dog’s owner is liable for your medical damages and possibly others. You may be able to get non-economic damages as well from a dog bite lawsuit, and our attorneys can maximize your compensation. New York has complicated laws regarding owner liability for dog bites, and we can determine how they apply to your case and recovery.
Call today at (718) 841-0083 to schedule a free case review from the dog bite injury lawyers at The Carrion Law Firm.
Who is Liable for Dog Bites in NYC?
New York is a “mixed” state, meaning that it has a dog bite statute that combines the “one-bite rule” with a limited degree of strict liability. The statute makes the owner or keeper of a previously adjudicated “dangerous dog” strictly liable only for the victim’s medical and veterinary costs, which means they do not have to do anything negligent themselves to be liable for injuries their dog causes.
For other damages, New York requires a victim to prove that the dog had the dangerous tendency to bite people and that the dog owner knew so. New York does not permit victims to recover compensation on the grounds of negligence.
The following are examples of dangerous tendencies:
- A dog that regularly snaps at people
- The owner often warns people his dog is an attack dog
- The dog owner cautions others that the dog bites
- The dog regularly wears a muzzle
New York courts have long recognized a cause of action that imposes strict liability on the owner for injuries inflicted by their dog if the victim can establish that the dog is vicious and that the owner knew or should have known about such vicious propensities.
The state’s highest court ruled “that the owner of a domestic animal who either knows or should have known of that animal’s vicious propensities will be held liable for the harm the animal causes as a result of those propensities. Vicious propensities include the propensity to do any act that might endanger the safety of the persons and property of others in a given situation.”
What to Do After a Dog Bite in NYC
Taking the right steps directly after suffering a dog bite can protect your recovery in New York City.
Collect Information
If a dog has bitten you or your child, you must identify the dog’s owner as soon as possible. When you do, take down the following information:
- Dog owner’s contact information
- Age of the dog
- Breed of the dog
Ask the dog’s owner whether it is current on all vaccinations and if it has any diseases. You should also take down the names and contact information of any witnesses to the attack. If animal control was called, get the report number so we can retrieve it later.
Get Medical Care
Once you have recorded all necessary information from the dog’s owner, seek medical treatment immediately. Let your doctor know that you have been the victim of a dog bite attack and ask to be evaluated for any injuries or potential illnesses, especially rabies. Follow any and all medical advice closely to build accurate and detailed medical records.
Call Our Lawyers
Call our dog bite injury lawyers as soon as possible after an animal bite or attack. Tell us what happened, and we can determine whether or not you have a case. We can also start preserving evidence that is at the highest risk of being lost or degraded over time, such as eyewitness statements.
How Do You File a Dog Bite Injury Lawsuit in New York City?
Filing a lawsuit for a dog bite is a similar process to filing one after a car accident, slip and fall, or other personal injury in New York City.
We start by writing the complaint. The complaint identifies you as the plaintiff and names the defendant, the dog’s owner. The complaint then explains the facts of the case and why we believe the defendant is liable.
To finish writing the complaint, we must request relief and state the total compensation you need for economic and non-economic losses. Punitive damages are not compensatory damages, and the jury decides how much to award if anything.
Once the complaint is ready and we have strong evidence, we can file your lawsuit in court. Then, the defendant will be notified, and your settlement negotiations can start.
What Damages Can You Get from a Dog Bite Lawsuit?
You should get fair compensation from a dog bite lawsuit, and our lawyers can calculate your deserved recovery.
Economic Damages
At the very least, wounds from dog bites must be cleaned and dressed. Aggressive attacks may result in deep wounds, so call 911 for paramedics or go straight to the hospital. Dog bites might get infected if not treated, and you may need stitches or more intense treatment.
A lawsuit can cover any X-rays, treatments, and procedures you need. That includes surgery, which may be necessary after facial dog bites or deep wounds elsewhere.
Report all medical damages to us. Particularly severe dog bites may leave victims unable to work for several days or weeks, so please also inform us about any lost wages.
Non-Economic Damages
You may get non-economic damages for all the pain, emotional distress, depression, and other intangible harms you experience. Dog bites can be permanently disfiguring, even with reconstructive surgery. This causes long-term pain and suffering, which our lawyers can quantify and prove you are entitled to.
There is no statutory cap on non-economic damages in New York dog bite lawsuits. Though your case may settle, going to court sometimes yields greater non-economic damages, especially if plaintiffs testify.
Remember, New York has a one-bite rule, so you can only pursue a claim for non-economic damages if the owner knew their dog was dangerous because of a previous attack or other dangerous behavior.
Punitive Damages
You may even get punitive damages if we can prove the defendant was malicious, willfully indifferent, or especially egregious. For example, if the dog had attacked people previously and the owner was aware. If the owner then allowed the dog to interact with people, failed to warn them of the potential danger, or even provoked the dog, and someone suffered a dog bite, punitive damages might be on the table.
What Evidence Should You Use in a Dog Bite Lawsuit?
Let us get the evidence you need to prove your deserved damages in a dog bite lawsuit in New York City.
Photos
Pictures of a dog bite injury immediately after it occurs are good evidence. Photos showing how the injury progressively heals can also help demonstrate the extent of disfigurement and other damages.
Reports
You should report a dog bite to the New York City Department of Health and Mental Hygiene. We can see if there are previous bite reports involving the dog that recently attacked you, which can help us establish a claim for economic, non-economic, and possibly even punitive damages.
Medical Records
Having medical evidence is crucial, so get whatever care is necessary for your injury. Some dog bites are deep enough to cause tissue and tendon damage, which have long recovery times. Dog bites also cause hand, foot, and face fractures, all of which require medical treatment.
We can get all the medical records generated after a dog bite incident, using them to prove your injuries exist and are costly.
Witness Testimony
Witnesses provide strong testimony during lawsuits, so speaking with them is important. Witnesses include people who were present during the specific attack in question or have first-hand knowledge of other attacks by the same dog.
Victims are witnesses, too. You can describe how the dog attacked you, the injuries you suffered, and the damages you have sustained.
Your lawsuit may not go to trial, but you may still have to give statements periodically throughout the case, like during depositions. We will help ensure all statements are accurate and consistent so they benefit your case.
Call Our Lawyers After a Dog Bite in New York City
If you or a loved one is attacked by an animal, first seek medical attention immediately, then call our dog bite injury lawyers at The Carrion Law Firm at (718) 841-0083 for a free case assessment.
