Baldwin Dog Bite Lawyer
Under New York state law, dog owners have a responsibility to properly restrain their animals. However, New York also utilizes a one-bite rule that may let the dog owner off the hook. This law requires an injured person to prove that the dog’s owner knew of the animal’s violent past before they can recover civil damages for their injuries.
Fortunately, a Baldwin dog bite lawyer may be able to help. A qualified personal injury attorney could work on your behalf to examine the facts of the case, apply the relevant law, and pursue a lawsuit for damages when applicable.
State Law Regarding Dog Attacks
New York is one of a few states that maintains a one-bite law. According to New York Agriculture and Markets Law §123, dog owners are strictly liable for any damages caused by an animal that they know is dangerous.
The concept of foreknowledge can make the law somewhat complicated for people who are seeking damages due to a dog bite. Not only must an injured person prove that the defendant’s dog caused their injuries, but they must also prove that the owner knew that the dog was dangerous.
This can be accomplished by providing evidence of a previous attack or evidence that the State had previously ruled that the dog is a dangerous animal. This is why that statute is known as a one-bite rule—if a dog bites another person but had no previous record of violence, the owner is typically not civilly liable.
Limitations on Filing
All civil cases have a statute of limitations that sets strict limits on when a plaintiff can come forward. Under New York Civil Practice Law and Rules §214, all personal injury cases alleging negligence must be filed in court no more than three years after the incident. A Baldwin dog bite attorney could work with an injured person to determine if the facts of their case fit within New York’s laws and to ensure that the case is filed on time.
Recoverable Injuries and Damages
When people imagine dog bite injuries, they typically think of bites from larger animals. While these attacks can result in deep cuts, torn flesh, or even broken bones, even smaller dogs can cause severe injuries and infections from bites or other means of attack.
Any injury stemming from a bite that requires medical care may serve as the basis for a lawsuit. Depending on the circumstances, specific recoverable damages an animal attack lawyer in Baldwin could help a plaintiff pursue may include medical bills, lost time from time out of work, pain and suffering, and emotional trauma, among others.
Speak with a Baldwin Dog Bite Attorney Today
Dog bites are some of the most common sources of personal injury in the State of New York. Unfortunately, New York’s laws can make it difficult for people to collect compensation from an owner of a dog that attacked them, as they require a plaintiff to prove that the owner knew of the dog’s violent tendencies.
A Baldwin dog bite lawyer may be able to help people to pass this difficult threshold by fully investigating the facts of the case in order to form a detailed demand package and pursue appropriate compensation. Contact an attorney today to discuss your case.