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.
Call today at (800) 717-5975 to schedule a free consultation with our dog bite injury lawyers at the Carrion Law Firm.
Liability in NYC Dog Bite Lawsuits
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. 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 ground of negligence.
Examples of dangerous tendencies include:
- 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.” Bard v. Jahnke, 6 NY3d 592 (N.Y. 2006), citation omitted.
What to Do After a Dog Bite in NYC
If you or your child has been bitten by a dog, it is crucial that you 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 whether 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.
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.
If you or a loved one is attacked by an animal, first seek medical attention immediately then call our lawyers at The Carrion Law Firm at (800) 717-5975 for a free initial consultation.
