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Dog Bite Attorney NYC
New York City is a great place to live for everyone, including dog owners and their furry friends. Within the city, one can find a number of dog parks, trails, and other amenities meant for dogs and those who love them. Unfortunately, dogs are not always so friendly, regardless of whether they were in a public place at the time or on their own property. Dogs can sometimes bite and attack. And when they do, they can cause serious injuries.
An experienced dog bite lawyer in NYC can help victims of these incidents recover the damages they deserve that can help with their recovery. Contact Silberstein, Awad & Miklos, P.C. today to request a free consultation.
Common Dog Bite Injuries
Dog bites and attacks can result in serious injuries. Puncture wounds, fractured bones, eye injuries, and head and neck injuries are all very common in dog bite cases. However, due to the nature of dog attacks, victims may suffer from additional injuries, as well.
Dog bites that are very deep may cause nerve damage that is painful and can have long-lasting effects. A dog’s mouth is also full of bacteria, which can enter the wound when a person is bitten. That bacteria can cause a serious infection. When the dog has certain diseases such as rabies, they can be transmitted to the victim as well.
It is not uncommon for accident victims to suffer from dog bites long after an attack. A dog bite, or several bites, may result in permanent scarring and disfigurement. In certain cases, accident victims may also be able to claim damages such as emotional distress for these injuries, as well.
Dog Bite Laws in New York
Most states throughout the country follow either a one bite rule or strict liability laws in regards to dog bites. New York law follows a combination of both. Any time a dog bites or attacks someone, the dog owner can be held liable for the medical and veterinary expenses associated with the bite. To secure this compensation, victims must only prove that the dog bit or attacked them or their pet, and that injuries were sustained as a result.
To claim further damages, such as pain and suffering and loss of income, victims must prove further elements of their case. To recover these damages, victims must prove that the owner of the dog knew the dog had vicious propensities. Vicious propensity also does not only mean that the dog has bitten someone before. Whether or not a dog had vicious propensities will depend on the facts of the case. The New York courts thus far have found that a “Beware of Dog” sign is not enough to prove vicious propensity, nor is the fact that a chained dog barks at people passing by their property.
Even when the victim of a dog bite can prove that a dog bit them and they sustained injuries, and that the dog had vicious propensities, there are still times when dog owners may not be held liable. For example, if a person was committing a crime on the property of the dog owner and was bitten, the dog owner cannot be held liable. The same is true when a dog bites someone while protecting themselves, their own, or their offspring. Provoking a dog will also prohibit someone from securing damages if they are bitten as a result.
New York law does not prohibit specific breeds of dogs, such as pit bulls. In fact, the statute actually stipulates that there can be no statewide law banning certain breeds. However, certain jurisdictions, such as Yonkers, do have laws that ban certain dog breeds.
Dangerous Dogs in New York City
Under New York’s Agriculture & Markets Law, certain dogs may be classified as dangerous. For this to happen, a dog must injure or kill another animal or a person without justification—meaning the dog was not provoked. Before a dog is deemed dangerous, they must have acted in a manner that would cause a reasonable person to believe the animal posed a threat of physical injury or death that was imminent. Police dogs are granted immunity to the dangerous dog classification when they are performing police duties.
When a dangerous dog attacks a guide dog, service dog, hearing dog, or a person, the owner will likely face a fine in addition to any civil action the victim may pursue. The amount of the fine will depend on whether the victim was another animal or a person and if the dog has already been classified as dangerous under New York law.
Landlord Liability in Dog Bite Cases
Landlords can be held liable if someone is injured on the property and the cause of the injury was the landlord’s negligence. For example, if the landlord knew that a stairway was in disrepair and it caused someone to fall, the accident victim can typically hold the landlord liable. Landlords can also be held liable if a dog on the property bites someone. But the law on these cases is somewhat different than typical premises liability cases.
If a landlord knew a dog lived on the property and that the dog had vicious propensities, they can be held liable in the event that the dog bites someone. However, unlike other premises liability claims, the landlord must have had actual knowledge of the dog’s vicious propensities in these cases. It is not enough to claim that the landlord should have known that the dog posed a danger.
Landlords can even be held liable if a dog with vicious propensities bites someone when they are not on the property. However, in these instances, an accident victim must show that the landlord did not take any measures to prevent the bite or attack from occurring.
Get Legal Help Today
If you or a loved one has been bitten or attacked by a dog, an experienced NYC dog bite lawyer at Silberstein, Awad & Miklos, P.C. can help you claim the full amount of damages you deserve. Dog bite cases have the potential to become much more complex than other personal injury claims. Our experienced attorneys know how to investigate these claims and can prove a dog was dangerous so you claim the full amount of compensation you deserve. Contact us today to schedule a free consultation so we can get started on your case.