NEW YORK DOG BITE INFO

You’ve been injured and it is in some way related to an incident involving a dog.

Were you bitten? Were you dragged or thrown? Were you knocked down? Were you chased? Were you coming to the aid of your children or your helpless pooch while it was being attacked? Injuries can happen in many different ways when it comes to our four-legged furry friends. It all depends on the circumstances of the encounter/interaction.

Unfortunately, there are many irresponsible dog owners. Many fail to give their dog basic obedience training, while others fail to follow applicable laws regarding dog ownership (i.e. Leash laws)

Under the current state of law, several questions must be answered concerning eligibility for compensation for a dog bite injury in the State of New York:

1. Were you bitten or injured in some other way?
2. Did the dog have “vicious propensities”?
3. Was the dog owner aware of these “vicious propensities?”

WHAT IS A VICIOUS PROPENSITY IN DOG BITE INJURY CASES?

Vicious propensity, as it relates to dog bite injury cases, can be defined as dog exhibiting behavior that reflects a proclivity to act in a way that puts others at risk of harm. The determination of whether or not a particular dog has vicious propensities is made on a case by case basis. Furthermore, one must look to the case law that has evolved over the years in your particular jurisdiction.

It is also important to remember that it is the plaintiff’s burden to prove the existence of vicious propensities, as well as, the owner’s knowledge of his or her dog’s vicious propensities. The dog attack injury lawyers at the Law Office of Peter Briskin utilize all means available at their disposal to investigate dog attack injury claims and gather evidence supporting our clients’ claims.

ONE FREE BITE! OFTEN REPEATED FALSEHOOD!

– Knowledge of vicious propensities may of course be established by proof of prior acts of a similar kind of which the owner had notice (see Benoit v Troy & Lansingburgh R.R. Co., 154 NY 223, 225 [1897] . . . In addition, a triable issue of fact as to knowledge of a dog’s vicious propensities might be raised– even in the absence of proof that the dog had actually bitten someone–by evidence that it had been known to growl, snap or bare its teeth.

– Also potentially relevant is whether the owner chose to restrain the dog, and the manner in which the dog was restrained (see Hahnke v Friederich, 140 NY 224, 226 [1893]; see also Rider v White, 65 NY 54, 55-56 [1875]). The keeping of a dog as a guard dog may give rise to an inference that an owner had knowledge of the dog’s vicious propensities. See, Hahnke, 140 NY at 227 . . .

– Finally, plaintiffs are not considered to be unduly burdened by the requirement of proof that a defendant knew or should have known of an animal’s vicious propensities. Once such knowledge is established, an owner faces strict liability for the harm the animal causes as a result of those propensities (see Strunk v Zoltanski, 62 NY2d 572, 575-576 [1984]). However, this disposition does not entitle the dog owner to an automatic ‘free bite.’ There may be circumstances where, although a dog has not yet bitten a person, its vicious nature should have been apparent. In that situation, the owner’s ability to keep the dog confined or restrained in the past would not insulate the owner from liability.

Determining whether a dog owner had knowledge of the dog’s vicious propensities is a factually sensitive evaluation, which is performed on a case-by-case basis and would often be left as a determination to be made by a jury while considering the following questions:

1. Has the dog ever bitten anyone before?
2. Have there been previous complaints made about the dog, either to a state or city agency or to the dog’s owners?

CAN I BE FOUND TO BE AT FAULT FOR THE ATTACK?

Dog bite cases require a case-by-case analysis to determine, amongst other things:

1. If the victim did anything to provoke the dog?
2. Whether or not the victim was trespassing on the dog owner’s property?
3. The victim’s age at the time of the incident?

These questions pertain to an assessment of contributory negligence and assumption of risk by the victim and can result in the victim of the dog attack being partially (and in some cases fully) liable for their resulting injuries and losses.

It is, therefore, in your best interest to call the Law Of Peter Briskin to arrange a free consultation with an experienced dog bite attorney who can assess the strength of your claim and what the best approach is to obtaining compensation.

WHAT COMPENSATION CAN I SEEK FOR A DOG BITE INJURY?

If you have been injured in a dog attack, you may recover compensation for your out-of-pocket expenses, medical costs, lost wages, and pain and suffering. In addition, the court may award you Punitive Damages to deter others from exhibiting the same behavior.

CONTACT A NEW YORK DOG BITE LAWYER NEAR YOU

If you have suffered a dog bite injury in New York City, don’t hesitate to call us and consult with an experienced dog bite lawyer. There are strict deadlines for filing dog bite injury lawsuits, so don’t delay. Call the Law Office of Peter Briskin today at 908-279-7979, or send us a message online to arrange a free, no-obligation consultation with an experienced dog bite attorney near you.