If you or a loved one has been bitten by a dog, you are likely feeling overwhelmed, confused, and worried about what comes next. We understand how frightening this experience can be. After all, a dog bite can cause not only physical pain but emotional distress as well. Our team is here to guide you through the process of understanding what needs to be done to prove liability in a dog bite case in New York. We know that navigating the legal system can feel daunting, but with the right support, you can get the help you need to ensure that your case is handled properly and that you receive the compensation you deserve.
Understanding Liability in New York Dog Bite Cases
In a dog bite case, proving liability is essential in order to recover damages. Liability refers to the responsibility of the dog’s owner for the harm caused by their animal. In New York, the law is clear when it comes to holding dog owners accountable. However, proving liability requires careful attention to detail and understanding of the laws that apply. The key factors that determine liability are whether the dog had a history of aggressive behavior, whether the owner was negligent in controlling the animal, and whether the victim was lawfully on the property where the bite occurred.
One of the most important elements to prove in a dog bite case is whether the dog had previously shown signs of aggression. If the dog had a known history of biting or attacking people, the owner may be held responsible for not taking proper precautions. This could include failing to put the dog on a leash, allowing the dog to roam freely, or not warning others about the dog’s potential danger.
The Importance of the Victim’s Actions
While the dog’s behavior is a crucial part of proving liability, the actions of the victim are also taken into consideration. In New York, the law states that a dog owner is not automatically liable for a bite unless the victim was legally on the property. This means that if you were on the dog owner’s property without permission or were engaging in reckless behavior around the dog, it may affect the outcome of your case. However, even if the dog bite occurred in such circumstances, a skilled attorney can still help to assess your case and determine the best course of action.
For example, if you were invited onto the property or were simply walking on a public sidewalk when the attack occurred, you likely have a strong case for liability. However, if you provoked the dog or were trespassing, it may be more difficult to establish fault.
Partner Partner Partner Attorney Attorney
Benjamin J.
Andrews
Robert
Maranto
Tom
Kotrys
Anthony
Iacono
Robert J.
Maranto, III
Gathering Evidence to Support Your Case
To prove liability, evidence is crucial. This includes gathering documentation from medical professionals about the extent of your injuries, any witness testimonies, and any reports about the dog’s prior behavior. Photos of the injuries and the scene where the attack occurred are also important in building a solid case. The more evidence you can provide, the better your chances of proving that the dog owner is responsible for your injuries.
Another key piece of evidence can be any past complaints or incidents involving the dog. If the dog had a history of aggressive behavior, this would strengthen your case. You should also keep track of your medical bills, lost wages, and other expenses that result from the dog bite. These documents can help to demonstrate the full impact that the attack has had on your life.
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.
New York’s Dog Bite Laws and the One-Bite Rule
In New York, there is something called the “one-bite rule.” This rule means that a dog owner may not be held strictly liable for the first bite if the dog had never shown aggressive behavior before. However, if the dog had bitten someone previously or had shown signs of aggression, the owner may be held responsible for any subsequent bites. The one-bite rule often comes into play when there is a history of the dog being dangerous but the owner did not take proper action to prevent future incidents.
For example, if a dog has previously bitten someone, the owner may have a duty to take extra precautions, such as keeping the dog in a secure area or muzzling the dog in public. If the owner failed to do so, they may be held liable for any harm the dog causes.
Proving Negligence and Dog Owner’s Responsibility
Proving negligence is another critical aspect of establishing liability. In New York, dog owners have a responsibility to take reasonable care to ensure that their animals do not cause harm to others. This includes providing proper training, securing the dog in a safe area, and taking action if the dog shows signs of aggression. If an owner fails to meet these responsibilities, they may be considered negligent and held liable for any resulting injuries.
Negligence can be shown through evidence of improper care, such as a lack of a leash or inadequate fencing around the dog. If the dog was off its leash and ran into a public space, the owner could be found liable for the attack. Similarly, if the dog was allowed to roam freely without supervision, the owner may be considered negligent.
Should I Take The First Settlement Offer? Steps to File a Personal Injury ClaimRelated Videos
The Role of Insurance in Dog Bite Cases
In many dog bite cases, liability insurance may come into play. Most homeowners’ insurance policies cover dog bites, and in some cases, this can make it easier to receive compensation for your injuries. If the dog owner has insurance, the policy may cover the medical expenses, lost wages, and other costs related to the dog bite. If the owner does not have insurance, it may be more challenging to recover damages. In these cases, an attorney can help you explore other options, such as pursuing compensation through the owner’s personal assets or filing a lawsuit.
Verdicts & Settlements
Proving liability in a dog bite case can be complex, but an experienced attorney can help you navigate the legal process. A skilled lawyer will gather evidence, interview witnesses, and consult with medical professionals to build a strong case. They will also help you understand the specific laws that apply to your case, including the one-bite rule and negligence standards.
At Andrews, Bernstein & Maranto, PLLC, we are committed to helping you get the compensation you deserve. We understand the pain and frustration that come with a dog bite injury, and we are here to ensure that you are not left to face this challenge alone. Our team is dedicated to advocating for your rights and will work tirelessly to help you achieve a successful outcome. If you have been injured by a dog bite in New York, contact us today to schedule a consultation and learn more about how we can help.