Have you or a loved one been bitten by a dog? Read our 3 dog bite accident tips in Buffalo for you, then contact our Buffalo lawyers.
Understanding Dog Bite Injuries
In New York State, the owner of a dog can be held responsible if that dog attacks a person. In New York, the so-called one-bite rule does not mean that the dog must bite somebody before the dog’s owner is responsible. An attorney simply needs to show that the dog has some type of vicious propensity.
If the dog has bitten someone, it is clear that the dog has a vicious propensity. However, in the absence of a bite, the dog can exhibit a vicious propensity in a number of other ways, including growling and showing aggression toward other dogs or people. If we can show that the dog had a dangerous propensity, we may file a claim against the owner of the dog, who has become strictly liable for the actions of the dog. We do not necessarily have to prove that the owner was negligent; rather, we must only prove the dog’s vicious propensity, and the owner of the dog will become responsible.
Bitten By a Dog You Were Petting
As a dedicated Buffalo Dog Bite Attorney, I am often asked if you can bring forward a claim for being bitten by a dog while you were petting it.
- The fact that a person was able to pet a dog prior to that dog attacking or biting him does not preclude the bite victim’s right to bring a claim against the dog’s owner.
- If the dog has a dangerous propensity, the owner is required to advise you to maintain a safe distance – whether or not he is physically present.
- New York State’s strict liability statute states that one need not prove negligence on the part of a dog owner if that dog was known to have a dangerous propensity.
- The fact that some type of friendly interaction with the dog took place prior to its attacking you does not affect the ability to bring a claim.
Common Mistakes in Dog Bite Cases
The most common mistakes in dog bite cases that we see are the failure to collect any witness information at the scene, as well as not noting the address where it happened.
When you’re just walking through the neighborhood and something like this happens to you, you probably won’t think about trying to pin point where the attack came from or how it happened.
The other issue is trying to lock down information regarding any prior bites or prior vicious propensities. Neighbors are often the best resource for that because they’ve seen the dog over the years, often times lunging at the mailman. If you can knock on a door, show the neighbor what happened. then the neighbors become much more helpful because they don’t want anyone else attacked. When people see the damage that this dog has done, they tend to be much more cooperative. This gives us the information that we can use against the insurance company to let them know that this dog, in fact, has had problems beforehand.