It is often said that New York law allows dogs one free bite. It is more accurate to state, however, that an owner will be liable for injuries caused by
Knowledgeable Personal Injury Lawyer for Victims in New York City and Beyond
Dog bites are serious events that can cause devastating harm to their victims, particularly children. Personal injury attorney Nicholas Rose helps New York City residents and other individuals who have been involved in a violent animal attack. Mr. Rose understands the physical and emotional trauma that may result from a dog bite. With over a decade of experience, he provides compassionate counseling and vigorous representation.
Holding Owners Liable for Dog Bites
New York allows a victim of a dog bite to potentially recover medical and veterinary costs from the pet owner. In many circumstances, damages may also include compensation for pain and suffering, as well as lost wages from work and other quantifiable costs. Victims of animal attacks may require expensive surgeries and incur lost wages from missed work.
In a dog bite lawsuit, to recover injuries beyond medical bills, a victim or the parents of a child victim must show that the dog owner was negligent in failing to use reasonable care to prevent injuries caused by the dog’s conduct. An example of negligence may be shown by the owner failing to restrain or control the animal. As with other personal injury claims, this breach of the duty to use reasonable care must have directly resulted in the harm, and there must be quantifiable damages.
In certain situations, the injured person may be able to show that the dog’s owner knew or reasonably should have known that the animal was inclined to be vicious. Awareness may be shown through prior incidents in which the dog threatened or attacked another person. If the plaintiff shows that the owner had or should have had knowledge of the animal’s dangerous propensities, the owner likely will be strictly liable for any harm caused by the dog. There may be additional penalties if the dog owner’s behavior was particularly egregious.
Under New York law, a dog owner may raise various defenses in this type of lawsuit. If the dog was in fact protecting the owner’s home against a trespasser, the victim may not necessarily recover compensation. If the dog was provoked by the victim, he or she may be limited to a reduced amount of damages, but some compensation still may be available.
The victim of a dog bite is required to file his or her lawsuit within three years from the date of the incident. This statute of limitations may limit the ability to recover damages for harm following a dog bite. Typically, courts will not hear lawsuits filed after the statute of limitations has expired.
Contact an Attorney after an Animal Attack in the New York City Area
Personal injury lawyer Nicholas Rose can help individuals in New York City and the surrounding communities who have been harmed by vicious animals. He serves clients throughout the five boroughs of Queens, Manhattan, Brooklyn, Staten Island, and the Bronx, as well as in Westchester, Suffolk and Nassau Counties. Our office can be reached by calling (877) 313- ROSE (7673) or by using an online form to set up a free consultation.