The Actions to Take If You are Attacked by Man’s Best Friend
Man’s best friend can sometimes become man’s worst enemy. If you were bitten by a dog, check out The New York Dog Bite Injury Guide. Created by Buffalo Personal Injury Attorney Robert Maranto to help protect residents that were seriously injured by a dog bite.
Getting bitten by a dog can cause serious injury. Depending upon the severity of the attack, it can affect how you live your day-to-day life and possibly even take you out of work. If you have been injured by a dog bite, you may be feeling angry and anxious at the same time. The anxiety stemming from a worry that you may not be able to financially handle this situation.
In the New York Dog Bite Injury Guide, you will learn about the legal process following a dog bite and what compensation you may be eligible for.
About Dog Bite Cases:
The Center for Disease Control estimates that almost five million people are bitten by a dog every year. A dog owner is responsible for the aggressiveness of their dog if it can be shown that the dog had a prior propensity for aggressive behavior. In a dog bite case, the court must consider additional factors such as whether the owner has violated an ordinance (e.g., leash laws) and whether this alleged violation contributed to the injury.
These ordinances of are not absolute. If the owner has knowledge of a dog’s “vicious propensity” then they also may be held liable. A dog may be determined to have a vicious propensity, if it:
- Lunges at passersby, snarling and growling,
- Has attempted to bite or nip previously, even if it didn’t result in an actual bite,
- The owner advertises the dog is vicious by way of “attack dog” signs, or verbally bragging to others that his dog is a biter.
In addition, landlords may also be liable if they had notice, or should have known of, the dangerous nature of their renter’s dogs.
Download Our Free Dog Bite Injury Guide
In a situation in which a dog is loose and encounters another person, knocking that person down, biting the person, or otherwise causing an injury, the injured party must first seek medical attention. Hospital personnel will later ask the injured party if he or she thinks that the attacking dog was up to date on vaccinations and shots—especially rabies and distemper. If the person is injured but can gather information at the scene, he or she should obtain as much information possible about the dog and its owner. The owner can be held responsible for all the injuries caused in the attack if it can be shown that the dog had a propensity for certain aggressive behaviors and that propensity can be demonstrated.
New York State has specific legislation regarding liability in dog bite cases: the one-bite rule. This law dictates that a dog owner cannot be held responsible for her or his dog biting another human being unless the dog has bitten another person before. If it can be proven that the dog had a vicious propensity and that the owner knew of this propensity, the owner should have been more careful of the dog’s interactions with other people. Physical examples of the owner’s prior knowledge include “Beware of dog” signs and fitting the dog with a muzzle while walking in public.
The first step that a dog bite attorney will take will be to contact the dog owner’s neighbors and others who live within a small radius of the dog’s home. These attempts at contact are helpful, as neighbors of the dog’s owner may report having been chased by the dog or feeling too afraid to let their children near the owner’s yard. All these accounts will only bolster a dog bite accident case.
What You Should Know About Dog Bite Injury Cases:
What Should I Do If I Was Attacked by a Dog?
In a situation where a dog is loose and encounters a person (knocking them down, biting or otherwise causing an injury because of the attack), the first thing to do is to seek medical attention. The hospital is going to ask you at that first visit if the dog that bit you had up-to-date shots, specifically rabies and distemper. If you are injured, but can gather information at the scene, get whatever information you can about the dog and its owner. The owner of the dog can be held responsible for injuries if it can be shown that the dog had a propensity for certain behaviors, and that propensity can be demonstrated in a variety of different ways.
Dog Bite Case Mistakes
The most common mistakes with dog bite cases are the failure to collect any witness information at the scene, and not noting the address where it happened. If you’re just walking through the neighborhood and something like this happens to you, you don’t first think about trying to nail down 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, lunging at people. If you can knock on a door, show the neighbor what happened, the neighbors become much more helpful because they don’t want their children or themselves attacked. When they see the damage that the dog has done, they tend to be much more cooperative, and have information that can be used with the insurance company.
What Should I Do if I was Bitten by a Dog I was Petting?
Petting a dog prior to a dog attacking or biting you does not prevent your right to bring a claim against the dog’s owner. In New York, owners are required to take reasonable steps to prevent their pets from harming others—regardless of whether they are present at the time or whether the dog has previously shown aggression.
New York now allows injured victims to pursue both strict liability and negligence claims. Under strict liability, you can sue if the dog had a known dangerous propensity. Under the new negligence standard established by the Court of Appeals in Flanders v. Goodfellow (2025), you can also sue if the owner failed to act with reasonable care—even if the dog had never shown aggression before.
Therefore, friendly interaction with the dog before the attack—such as petting it—does not undermine your ability to bring a claim under either legal theory.
Can I Lose My Dog Bite Case If There Was a Beware of Dog Sign?
A common concern among dog bite victims is that receiving warning about the presence of a vicious dog on a property renders their cases invalid. This is not the case in New York State. There are jurisdictions in other states throughout the country where a “Beware of Dog” sign or a similar written warning on a property could preclude people from then making a claim for a recovery.
It must be substantiated that a dog has a vicious propensity. What better way to show this by simply stating that the dog owner has put out a sign that notifies passersby about the hostility of the dog? This indicates that the owner has knowledge of the dog’s vicious propensity. Even if there is a “Beware of Dog” sign, your attorney will still need to show that there was a vicious propensity prior to the attack.
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At Andrews, Bernstein & Maranto, PLLC, we diligently investigate the responsibility of dog owners and their landlords. Information regarding these dogs is critical to reaching successful verdicts in dog bite cases.
If you or a loved one is attacked by a dog, contact one of our experienced Buffalo dog bite lawyers for advice and strong representation immediately.
We are available 24 hours a day, 7 days a week.
Never settle for less, find out what your case is worth!
Download Our Free Dog Bite Injury Guide
Please share the New York Dog Bite Injury Guide with friends or family that have been injured or attacked by a dog bite.
Steps to Properly Treat a Dog Bite
In the event of a stray dog attack, immediate steps must be taken to minimize the risk of bacterial and viral infections. To safeguard your health, follow these recommended measures:
Contact Animal Control
Promptly report the incident to animal control authorities to prevent further attacks and facilitate necessary actions.
Cleanse the Wound
Thoroughly wash all open wounds and surrounding areas with mild soap for a duration of 5-10 minutes to remove potential contaminants.
Control Bleeding
Apply firm pressure to any deep lacerations using a clean cloth to stem the bleeding effectively.
Apply Antibiotic Ointment
Administer antibacterial ointment to the affected area and cover the wounds with sterile bandages to prevent further contamination.
Keep Wounds Covered
Maintain a dressing on the wound and change it several times a day to promote proper healing and prevent infection.
Monitor for Signs of Infection
Stay vigilant for symptoms such as swelling, redness, increased pain, warmth around the wound, discharge, fever exceeding 100.3°F, or swollen glands in the neck or under the chin.
Seek Immediate Medical Attention
Do not delay in seeking medical care, as timely intervention is critical in preventing complications.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Anthony
Iacono
Attorney
Robert J.
Maranto, III
Attorney
Preventative Measures and Community Safety
While immediate actions are crucial in the aftermath of a stray dog bite, proactive measures can also help prevent such incidents from occurring in the first place. Community initiatives, such as responsible pet ownership programs and leash laws, play a vital role in promoting public safety. By raising awareness about the importance of proper pet care, vaccination, and training, communities can reduce the risk of stray dog attacks and enhance overall well-being.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
Education and Awareness Campaigns
Educating the public about dog bite prevention and safety measures is paramount in reducing the prevalence of such incidents. Schools, community centers, and online platforms can serve as valuable resources for disseminating information about responsible pet ownership, recognizing warning signs of aggression in dogs, and responding appropriately to stray dog encounters. By fostering a culture of empathy, understanding, and respect for both humans and animals, communities can create safer environments for all.
Support for Victims and Advocacy
Victims of dog bites may experience physical, emotional, and financial hardships in the aftermath of an attack. Seeking support from advocacy groups, counseling services, and legal professionals can help individuals cope with the trauma and navigate the legal process effectively. Additionally, advocating for stricter enforcement of animal control laws and harsher penalties for negligent pet owners can drive positive change and prevent future incidents.
Pet Adoption and Rescue Efforts
While stray dogs present a risk of bites and other safety concerns, they also deserve compassion and care. Supporting local animal shelters, rescue organizations, and adoption initiatives can help provide stray dogs with a second chance at life. Promoting responsible adoption practices, spaying and neutering programs, and community outreach efforts can contribute to reducing the stray dog population and improving animal welfare.
Collaboration with Healthcare Professionals
Effective response to dog bites requires collaboration between legal professionals, healthcare providers, and public health agencies. Sharing information, resources, and experience, is key to developing comprehensive strategies for preventing and responding to stray dog incidents. Training healthcare professionals to recognize and report dog bite injuries promptly can facilitate timely intervention and improve patient outcomes.
Research and Data Analysis
Continued research and data analysis are essential for understanding the factors contributing to stray dog bites and developing evidence-based interventions. By collecting and analyzing data on dog bite incidents, demographics of victims, dog breeds involved, and environmental factors, researchers can identify trends, assess risk factors, and inform targeted prevention efforts. Collaboration between academia, government agencies, and advocacy organizations is key to advancing knowledge in this field.
What You Need to Prove to Sue for a Dog Bite
If you decide to sue for a dog bite in New York, you must prove certain things to be successful in your case. First, you need to show that the dog was dangerous. This means proving that the dog had a history of aggressive behavior or that the owner knew the dog could act dangerously. Evidence like past reports of the dog biting someone or testimony from neighbors about the dog’s aggressive behavior can help.
Next, you must show that the dog owner was negligent in controlling the dog. Negligence means that the owner failed to take proper steps to keep others safe. For example, if the owner allowed the dog to roam freely without a leash or failed to secure the dog in their yard, this could be seen as negligence. Lastly, you need to show that the dog’s actions directly caused your injuries. This includes proving that the bite led to medical bills, physical pain, or emotional distress.
How Compensation Works in Dog Bite Cases
Victims of dog bites in New York can seek compensation for several types of damages. These include medical expenses for treating the bite, such as hospital visits, surgeries, or medications. You can also recover for lost wages if the injury prevented you from working. Additionally, victims can seek damages for pain and suffering, which include both the physical pain caused by the bite and the emotional toll it takes.
In some cases, victims may also be able to recover for property damage. For instance, if a dog attack damages your clothing, glasses, or other belongings, you can include these costs in your claim. Calculating the full extent of your damages is important to ensure you receive fair compensation.
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Step 1: Seek Medical Attention
The first step after being bitten by a dog is to seek medical attention. Even if the bite doesn’t seem serious, it’s important to have it checked out by a medical professional. Dog bites can cause serious infections, and you may need antibiotics or other medical treatment to prevent complications.
Step 2: Gather Information
After seeking medical attention, it’s important to gather information about the dog and its owner. This includes the owner’s name and contact information, as well as any information about the dog’s vaccination history. If possible, take pictures of the dog and the location where the bite occurred.
Step 3: Report the Incident
It’s important to report the incident to the appropriate authorities. In New York, you should report the dog bite to the New York Health Department. They will investigate the incident and determine if the dog poses a risk to public health.
Step 4: Contact a Personal Injury Attorney
If you’ve been bitten by a dog, it’s important to contact a personal injury attorney who has experience handling dog bite claims in Genesee County. An attorney can help you navigate the legal process and ensure that you receive the compensation you deserve.
Step 5: File a Dog Bite Claim
Once you’ve hired an attorney, they will help you file a dog bite claim with the owner’s insurance company. The claim should include information about the incident, your injuries, and any medical treatment you’ve received. Your attorney will negotiate with the insurance company on your behalf to ensure that you receive a fair settlement.
Step6: Consider the Statute of Limitations
It’s important to keep in mind that there is a statute of limitations for filing a dog bite claim in Genesee County. In New York, you generally have three years from the date of the incident to file a personal injury lawsuit. However, it’s important to contact a personal injury attorney as soon as possible to ensure that your claim is filed within the statute of limitations.
Step 7: Attend Mediation or Trial
After filing a dog bite claim, there may be an opportunity for mediation between you, your attorney, and the insurance company. Mediation is a negotiation process where both parties try to reach a settlement without going to trial. If a settlement is not reached, your case may go to trial. Your attorney will represent you in court and present evidence to support your claim.
Step 8: Receive Compensation
If a settlement or trial is successful, you will receive compensation for your injuries. This may include payment for medical bills, lost wages, pain and suffering, and other expenses related to the dog bite incident. Your attorney will help ensure that you receive the full amount of compensation you deserve.
3 Tips After a Dog Bite
1. Common Mistakes in Dog Bite Cases
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.
2. Typical Dog Bite Injuries
- Most dog bites will include a puncture wound, and/or a complex laceration that is not easily stitched up.
- Some Doctors do not like to seal those wounds back up in case of infection from the bite.
3. Beware of Dog Signs
A common concern among dog bite victims is that receiving prior warning about the presence of a vicious dog on a property renders their cases invalid. This is not the case, at least in New York State. There are jurisdictions in other states throughout the country where a “Beware of Dog” sign or a similar written warning on a property could preclude people from then making a claim for a recovery.
As stated above, in New York State, it must be substantiated that a dog has a vicious propensity. What better way to show this by simply stating that the dog owner him- or herself has put out a sign that notifies passersby about the hostility of the dog? This indicates that the owner has knowledge of the dog’s vicious propensity. Even if there is a “Beware of Dog” sign, we still need to show that there was a vicious propensity prior to the attack. Nevertheless, by no means does the placement of the sign on the property preclude us from being able to recover in the event someone is attacked by a dog.
About Dog Bite Cases | Statistics
The Center for Disease Control estimates that almost five million people are bitten by a dog every year. A dog owner is responsible for the aggressiveness of their dog if it can be shown that the dog had a prior propensity for aggressive behavior. In a dog bite case, the court must consider additional factors such as whether the owner has violated an ordinance (e.g., leash laws) and whether this alleged violation contributed to the injury.
These ordinances of are not absolute. If the owner has knowledge of a dog’s “vicious propensity” then they also may be held liable. A dog may be determined to have a vicious propensity, if it:
- Lunges at passersby, snarling and growling,
- Has attempted to bite or nip previously, even if it didn’t result in an actual bite,
- The owner advertises the dog is vicious by way of “attack dog” signs, or verbally bragging to others that his dog is a biter.
In addition, landlords may also be liable if they had notice, or should have known of, the dangerous nature of their renter’s dogs.
Infections from Dog Bites and Their Treatment
One of the most significant risks from dog bites is infection. Dogs carry various bacteria in their mouths, which can quickly enter the body through a bite wound. Common infections from dog bites include rabies, tetanus, and infections caused by bacteria like Pasteurella, which is known to cause swelling and intense pain. Another bacterial infection, called Capnocytophaga, can be severe and even life-threatening, especially for individuals with weaker immune systems. Infection symptoms may not always show immediately, which is why it is important to seek medical care as soon as possible after a bite.
Treatment for these infections usually begins with a healthcare professional cleaning the wound thoroughly to remove any bacteria that may have entered. In some cases, doctors prescribe antibiotics to fight off infection, and if there is a risk of rabies, a series of rabies shots may be necessary. Tetanus shots are also recommended for some dog bite victims. Depending on the severity of the bite, stitches may be required to close the wound. However, doctors are often careful about using stitches for dog bites, as closing the wound too soon could trap bacteria inside, leading to further infection.
Are you a mail carrier and have been bitten? Check out this blog about the legal recourse you have as a postal carrier against the dog owner.
Question:
I am a postal carrier and I was delivering a package. I knocked on the door, and the lady opened the door a crack and stuck her hand out. Her two dogs burst through the door into the front yard (They were small dogs). The lady came outside and I gave her the package, as I turned to walk back to the truck, I could feel what felt like razors in my calf. I told the lady that her dog had bit me and she asked if it “was it the brown one?” I said that I didn’t know which dog it was that had bitten me and showed her the bite. She didn’t apologize but only said that her dog’s shots were up to date and then went inside. I have 3 puncture wounds, that are bleeding, bruising, and swelling. I already contacted animal control, do I have legal recourse?
Answer:
The postal carrier has a claim against the dog owner, if that dog had bitten somebody else previously, or had vicious propensities. The specific dog will need to be identified though, which may require a deposition of the homeowner ( or possibly jaw measurements of both suspected dogs).
Was There a Beware of Dog Sign?
Can I Lose My Dog Bite Case if There Was a Beware of Dog Sign?
In this video, Attorney Robert Maranto explains if you still have a case if there was a beware of dog sign. Contact one of our experienced Buffalo Dog Bite Attorneys if you were injured.
A common concern among dog bite victims is that receiving prior warning about the presence of a vicious dog on a property renders their cases invalid. This is not the case, at least in New York State. There are jurisdictions in other states throughout the country where a “Beware of Dog” sign or a similar written warning on a property could preclude people from then making a claim for a recovery.
As stated above, in New York State, it must be substantiated that a dog has a vicious propensity. What better way to show this by simply stating that the dog owner him- or herself has put out a sign that notifies passersby about the hostility of the dog? This indicates that the owner has knowledge of the dog’s vicious propensity. Even if there is a “Beware of Dog” sign, we still need to show that there was a vicious propensity prior to the attack. Nevertheless, by no means does the placement of the sign on the property preclude us from being able to recover in the event someone is attacked by a dog.
What Happens if the Dog Owner Doesn’t Have Insurance?
- If an owner does not have insurance the ability to recover damages is limited and will have to go after personal assets.
- If the owner is a renter, we can look into the landlord’s insurance company because they had rented the property to someone with a dog that has vicious propensity.
Bitten By a Dog that Caused Injury
In this video, Attorney Robert Maranto discusses what you should do if you are suffering from a dog bite injury. Contact one of our experienced dog bite attorneys near Buffalo NY if you were injured.
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.
The owner will often be able to testify about the dog on her or his own behalf, which can be an attempt to weaken your claim. However, our office typically sends investigators to the neighborhood where the dog bite occurred. This allows us to interview neighbors of the dog’s owner who can state whether they have seen a vicious propensity from the dog. Also, we can use freedom of information in these cases. Through requests under the Freedom of Information Act, we can ask for information from various governmental entities about any records of a previous attack or propensity from that dog.
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