Victim of a Dog Bite in New York State? Here’s What You Need to Know
Imagine you are out for a leisurely stroll in your neighborhood and a dog from a nearby property charges onto the road and bites you, possibly leaving you with personal injuries, scarring, emotional trauma, health concerns and medical bills. Can you recover damages?
In New York State, a person who is bitten or attacked by a dog must prove that the dog had exhibited prior vicious propensities, and that the owner knew, or should have known, of the dog’s demeanor. This means that the dog had bitten, growled, snapped, bared its teeth, barked ferociously or lunged at others before the victim was bitten and there is proof that the owner of the dog knew, or should have known of these vicious tendencies.
Anyone who harbors a dog that attacks or bites someone may be liable for damages if they knew of the dog’s prior vicious behavior and failed to keep the animal secure, so in cases where someone is caring for a dog that does not belong to them, they can still be held responsible.
Dog bite cases are very fact-specific, and it is vital to contact a lawyer soon after an attack so that crucial evidence is not lost. Feldman, Kleidman, Collins & Sappe LLP (FKC&S) would assign an investigator to go through police and dog warden records, locate and interview witnesses, neighbors and delivery drivers, as well as contact the dog’s veterinarian.
FKC&S’s legal team would also look for video footage from municipal and traffic feeds, stores and home security cameras. In some cases, investigators may be able to locate others who have had a bad experience with the dog. It’s advisable for any victim of a dog attack to document their injuries and healing process with daily or weekly photos, and to keep a copy of all medical records.
If you or a loved one has been attacked by a dog, call FKC&S at (845) 897–5199 or contact us here to speak with an experienced attorney who can get you the compensation you deserve.
Originally published at https://www.fkcs.law on June 7, 2024.
