When someone else’s dog unexpectedly attacks you or a loved one, the result can be catastrophic, resulting in severe injuries, permanent disfiguration, exorbitant medical bills, and psychological trauma. These expenses can add up quickly, leaving victims with significant bills for current and future treatment. However, the owner of the dog or the party responsible for it at the time of your injuries could be considered liable for damages. At Buttafuoco & Associates we can help you understand the intricacies of your dog bite case and inform you of your legal rights at no cost to you. Read on for more information, or call us today at 1-800-NOW-HURT.
What Causes Dogs to Attack?
There are countless reasons why a dog may attack, many of which are not the dog’s fault per se. There are also a variety of ways to prevent dog attacks by knowing what to do in the moment. However, regardless of the reason, if a dog causes injury to you, it is likely that its owner can be held liable. Buttafuoco & Associates have personally handled a million-dollar dog bite settlement, which is evidence of just how costly these cases can be.
Many victims of dog bites assume that if a dog bites them, they must have done something to provoke it, but this is not always the case. Some dogs are more aggressive or protective by nature; dogs that are pregnant or nursing their young may attack to protect their territory. Others have suffered abuse that results in unexpected attacks. Still others have been trained by their owners to protect them at all costs.
Often when a dog attacks, it’s because it is improperly trained, or not trained at all by its owner. Even a dog on a leash can cause serious injuries if it is not trained to stop, heel, or avoid contact with strangers. Owners can also be responsible when they leave a fence or gate open, or if a yard is not properly enclosed.
Inconsistent handling of dogs can also cause them to attack. Children and even owners sometimes “play rough” with animals without realizing that they are teaching them dangerous habits. And if a dog is sick or injured, its stress or pain level can make it more likely to harm someone.
In terms of provocation, dogs do often attack when provoked. Shouting, throwing objects, or striking a dog can all cause it to bite. If you have unnecessarily provoked a dog, you may not have a case, but if the dog attacked you for other reasons, the owner may be responsible. If the dog owner is a friend or relative and you were attacked in their home, negligence may fall under premises liability law, which entitles you to recover compensation from their insurance for your injuries.
Dangerous Dogs and New York Code
Under New York law, owners can often be held responsible for a dog that bites. It is a violation of state law for any custodian of a dog to fail to confine or restrain the dog, or to fail to exercise due diligence in handling the dog. Furthermore, individual municipalities may enact a curfew where owners must securely confine their dogs between sunset and one hour after sunrise.
The New York Code also has legal requirements for the identification and management of “dangerous dogs.” If a victim files a complaint about an aggressive dog, officials may investigate the complaint and determine whether the dog is dangerous. If a dog is found dangerous, depending on the circumstances, it may be:
- Neutered or spayed
- Microchipped
- Evaluated for its behavior and required to undergo corrective training
- Placed in secure confinement for a period
- Restrained on a leash by an adult
- Muzzled when in public
Local municipalities and controlled areas such as apartment complexes may also enforce unique rules regarding dog ownership and oversight. Violations of these laws will also factor into your dog bite liability claim.
As you can imagine, this can create complicated scenarios around determining negligence on the part of the owner. Doing so may require you to present a significant amount of evidence from many sources. It can be a good idea to work with a New York dog bite attorney, especially if the dog bite was severe, to ensure that you receive fair compensation for your injuries.
How to Prove Liability in a Dog Bite Case
A dog bite or attack can result in severe injuries, including:
- Lacerations
- Puncture wounds
- Broken bones
- Disfigurement
- Infection
- Mental trauma or PTSD
Despite the serious mental, physical, and economic impacts of dog bites, proving liability can be challenging. Victims must first identify the owner or person in charge of the dog at the time of the attack. Then, they must prove through evidence such as pictures, video or witness statements that the attack occurred through no fault of their own–in other words, that they were legally in the area where the attack occurred and did not provoke the dog to bite.
Finally, you must prove the attack took place because the owner acted negligently in some way. Proof of negligence may include photographs of a broken leash or harness, an animal that is off-leash, or a fence or gate that fails to properly restrain the animal. Medical records and payments will also be an important part of determining the value of your case.
As you can imagine, this type of evidence can be challenging to gather in the heat of the moment. At Buttafuoco & Associates, we have handled hundreds of personal injury claims, many of which involved dog bites and attacks. We know the far-reaching effects a dog bite or attack can have on victims and their families, and understand how best to use evidence to prove a case under New York law. We can take the reins in investigating your claim, help you prove negligence, and help you receive the maximum amount of compensation you are eligible to recover.
Your financial recovery depends on the degree of your injuries and the severity of the impact they have had on your life, as well as how they may affect you in the future. With strong evidence, you may be entitled to the following types of damages:
- Lost wages
- Lost time from school
- Medical expenses (past, present, and future)
- Disfigurement or permanent disability
- Psychological evaluation and treatment
- Home care provider compensation
Contact a New York Dog Bite Lawyer
Dog bite cases can be complicated and result in a long recovery period, but it is crucial that owners be held responsible for the actions of a dangerous dog. If you or a loved one has been injured by a dangerous dog, Buttafuoco & Associates offers free, no-obligation consultations to help you understand your rights and whether you have a case. If your case is accepted, you will pay nothing unless we win your case.
Don’t wait. Get in touch with us today at 1-800-NOW-HURT for a free case review.
