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Filing a dog bite claim in New York

On Behalf of | Dec 12, 2022 | Personal Injury |

According to the U.S. Centers for Disease Control, over 4.5 million people are injured in dog attacks every year. Many of the victims are children.

If you have been bitten by a dog, you may be able to recover damages from the dog owner based on New York’s strict liability and negligence laws. Dog bite victims may be able to recover damages for:

  • Physical injury: Broken bones, nerve damage, head and neck trauma, permanent scarring, lacerations, etc.
  • Mental or emotional trauma: Post-traumatic stress disorder, anxiety, insomnia, depression, etc.
  • Medical expenses: Ambulance, hospital stay, treatment, rehabilitation, etc.
  • Lost wages: For time taken off work due to injuries.
  • Pain and suffering: Caused by injuries suffered in attack.

How can I recover damages after a dog attack?

Under New York’s strict liability dog bite law, dog owners are strictly liable for the medical and veterinary bills stemming from the injury caused by their dog. This means that the dog owner will have to cover your medical expenses even if their dog had never attacked anyone before and they were not negligent in any way.

However, under New York’s one-bite rule, you can only recover other damages if you can prove that the dog owner knew of their dog’s aggressive behavior prior to the incident negligently failed to warn others of their dog’s dangerous tendencies. You must prove that:

  • The owner was aware of their dog’s dangerous propensities (e.g., the dog had bitten someone in the past).
  • You did not provoke the dog.
  • You were not trespassing at the time of the incident.

It is hard to imagine that an adorable and lovable dog can cause serious harm. Yet, thousands of New York residents have suffered severe physical, mental, and financial damage as a result of a dog attack.

An attorney specializing in personal injury claims can help you recover the compensation you deserve for your trauma.