When someone else’s dog unexpectedly attacks you or a loved one, the result can be catastrophic, resulting in severe injuries, permanent disfiguration, and psychological trauma. Medical expenses can add up quickly, leaving victims with significant bills for current and future treatment. If you were the victim of a dog bite, the owner of the dog 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?
According to the American Kennel Club, there are countless reasons why a dog may attack, many of which are not the dog’s fault per se.
Many victims assume that if a dog bites them, they must have done something to provoke it. Dogs do often attack when provoked. Shouting, throwing objects, or striking a dog can all cause it to bite.
However, some dogs are aggressive or protective by nature. Others, such as those that are pregnant or nursing their young may attack to protect their territory. If a dog is sick or injured, its stress or pain level can make it more likely to harm someone.
Improperly trained dogs or those that have never been trained are more likely to attack.
Even a dog on a leash can cause serious injuries if it is not trained to stop, heel, or avoid contact with strangers. Children and owners sometimes “play rough” with animals without realizing they are teaching dangerous habits. If a dog has been abused or trained to protect its owner at all costs, unexpected attacks can occur.
If you were attacked by a friend or relative’s dog at their home, negligence may fall under New York premises liability law, which entitles you to recover insurance compensation for your injuries.
If you are unsure whether you have a case, working with a New York dog bite attorney may be in your best interest. At Buttafuoco & Associates, we provide free consultations and can advise you of your rights.
Dangerous Dogs and New York Code
It is a violation of New York state law for any custodian of a dog to fail to confine, restrain, or exercise due diligence in handling the dog. Some individual municipalities also enact curfews requiring owners to securely confine their dogs between sunset and one hour after sunrise. Local municipalities and controlled areas such as apartment complexes may also enforce unique rules regarding dog ownership and oversight.
New York Code also includes 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 to determine whether the dog is dangerous. If a dog is found dangerous, 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
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:
- Identify the owner or person in charge of the dog at the time of the attack.
- Prove through evidence such as pictures, video or witness statements that the attack occurred through no fault of their own.
- Prove that they were legally in the area where the attack occurred .
- Prove that they did not provoke the dog to bite.
Finally, the victim must prove the attack took place because the owner acted negligently in some way. Proof of negligence may include photographs or witness statements confirming:
- A broken leash or harness
- An off-leash animal
- A fence or gate that failed to properly restrain the animal.
Evidence can be challenging to gather in the heat of the moment, and working with an attorney can help.
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 these injuries can have on victims and their families, and understand how best to use evidence to prove a case under New York law.
We will take the reins in investigating your claim and help you prove negligence so you recover the maximum amount of compensation you are eligible for.
How Much Can I Recover in a Dog Bite Case?
The amount you are able to recover depends on the degree of your injuries, the severity of the impact they have had on your life, and 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 take time to recover damages, 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.
Don’t wait. Get in touch with us today at 1-800-NOW-HURT for a free case review.