Dog bites are a complex section of personal injury litigation in which state law, prior rulings in state cases, and ‘one bite’ rules influence if you may be entitled to financial compensation by suing the owner for your pain and suffering.
Some common injuries from getting attacked by a dog are broken bones, infections, scarring, puncture wounds, and intense pain. Some people also experience nerve damage, dismemberment, and PTSD following the attack. If you are attacked by a dog, don’t forget to ask for written proof that the dog is up to date on their rabies shots. Then, keep track of all your doctor’s visits, time off work, and conversations with insurance companies.
As mentioned prior, some states, including NY use the one bite rule to hold the owners accountable. This means that if the dog has bitten someone in the past, the owner’s now must be aware of the dog’s aggressive tendencies. If the state you live in applies this rule and the dog has never bitten someone before the owners may not be liable. However, some states do not apply this rule and hold the owner accountable in either circumstance. There are some situations where the victim may have trouble proving their case. If the victim was a trespasser at the time of the attack, if the dog was a police or military dog, or if the victim knew the risk of getting bitten. In these situations, you will have a harder time trying to hold the owner liable. If the state you live in uses contributory negligence, if it is found that the victim contributed to being attacked, they would not receive any compensation.
In the state of New York all dog breeds are treated equally in court. This means that dog breeds that are considered to be more vicious will not be treated any differently. In court you will have to be able to prove that the dog has shown aggressive tendencies in the past. You will also need to prove that the owner was aware of these tendencies. If you can prove that the owner is liable, the insurance company may cover medical expenses, lost wages, and pain and suffering.
How can we help?
By hiring a good lawyer to handle your case, they will investigate if the dog has bitten anyone before. It is important to look at the dog’s history to find proof of the owner’s liability. Getting attacked by a dog can cause a lot of damage and emotional distress. If you or a loved one has been attacked brutally by a dog contact Rudolph F.X. Migliore P.C. and get the compensation you deserve. You can call 631-543-3663 or visit our website www.migliorelaw.com.