Dog bites are serious, and they can leave victims with life-threatening, painful injuries that may require extensive treatment. The victim has the right to take legal action against the owner, but also has the burden of proving liability. Hiring a knowledgeable dog bite injury attorney will help you make a strong claim.
Turn to the Nassau County & Queens personal injury lawyers of Bornstein & Emanuel, P.C. We understand what it takes to prove dog bite liability and seek the compensation you need to recover from your injuries.
Owner Responsibility in Dog Bite Cases
New York takes a hybrid approach to owner liability, combining both strict liability and negligence. Strict liability assigns fault merely because an action occurred, not looking to the owner’s intentions or state of mind. A Nassau County or Queens dog owner is strictly liable for the bite victim’s medical bills.
Negligence requires proving something in addition to the occurrence of the action. With respect to dog bites, an owner can be held liable for damages other than the victim’s bills if they acted negligently. This means showing:
- The dog owner knew, prior to the attack, that the dog was dangerous (or should reasonably have known this)
- That despite this, the owner did not take reasonable steps to prevent the attack
For example, if the owner routinely allowed the dog to roam free, despite knowing its propensity for violence, a court can order the owner to pay the victim’s non-medical damages. Regardless, if the dog bites someone, the owner must pay the victim’s medical bills.
Damages In a Dog Bite Case
If the victim can show that the dog owner was negligent, then they can file a lawsuit seeking a number of damages. They include:
- Medical bills, including for reasonably estimated future medical needs like physical therapy
- Disability benefits
- Lost wages and lost future wages
- Pain and suffering
- Disfigurement
- Decreased quality of life
- Emotional trauma and distress
Emotional trauma is a sometimes overlooked injury, but it’s very real for victims. An attack can necessitate psychological counseling and other mental health treatment. Make sure you inform your doctor about such issues so you can get the help you need.
If the dog bite is fatal, eligible survivors can file a wrongful death action through the personal representative of the decedent’s estate. Our Nassau County and Queens wrongful death lawyer can assist you with a case like this.
Dangerous Dog Breed Misconceptions
There are a number of common misconceptions about dangerous dog breeds that can give people either a false sense of security or a misunderstanding about the risks of certain dogs. Among them are:
- Pit bulls are always violent
- Rottweilers and German Shepherds are inherently dangerous
- Larger dogs will always do more damage than smaller ones
- Socialization and environment make little to no difference
The reality is that any dog can be kind or aggressive. The difference lies not primarily with the dog’s genetics but with how it is raised. If you know a dog owner in Nassau County or Queens is not responsibly raising their dog, it’s best to be careful no matter the breed.
Typical Claim Timeline for a New York Dog Bite Case
Every dog bite case is different. While some may take several weeks to a few months to settle or litigate, others take much longer due to more severe injuries or difficulty identifying the owner. Nonetheless, most dog bite cases proceed as follows:
- Medical attention: The most important first step that a victim should take is to get medical attention, no matter how mild the bite seems to be. This protects your health and your legal rights.
- Call 911: You should notify law enforcement so they can generate a report about the attack. Documenting the dog bite is critical to your claim for compensation.
- Identify the owner, if possible: Make a note of anything you know about the owner or ask the police to help you identify the person. You may wish to involve law enforcement if the owner is uncooperative.
- Report to the Health Department: Call 311 or the Health Department and report the incident within 24 hours. You may also be able to file a report online.
- Collect evidence: Take pictures and record video of the injury, and include surrounding landmarks in your images. Also get the names and contact information of any witnesses and write down notes about what happened.
- Call an attorney: Lastly, retain the services of an experienced attorney serving dog bite victims in Nassau County and Queens. That’s where we come in.
Fighting For the Compensation That You Deserve
Did you or a loved one suffer a dog bite, but you aren’t sure how to hold the owner liable? Let the skilled legal team at Bornstein & Emanuel, P.C. advocate for you. Connect with us today to get started on your claim.
