Huntington Dog Bite Lawyer
Dogs are usually like family members, but sometimes when a dog is sick, injured, scared, or just plain mean, it could attack and bite a person or another animal.
If someone else’s dog has attacked you, A Huntington dog bite lawyer could help determine if you have a case for recovering compensation from the animal’s owner. Let a dedicated personal injury could help you file a claim so you can focus on healing from the physical and mental trauma.
How Could a Dog Bite Be Prevented?
Dogs of any size or breed may bite if they feel threatened, do not want to play, are protecting something such as their puppies, or in some cases, if they have dangerous tempers. Trying to avoid the physical and emotional pain a dog bite can cause is the best line of defense. Dogs bite children under 15 more than any other age group in Huntington. To prevent an attack from happening, dog owners can:
- Make sure the dog is socialized by introducing family members and friends slowly until the dog acclimates
- Follow leash laws when walking a dog
- Make sure the dog is contained in the yard
Parents with children under 15 should:
- Make sure children ask a dog owner for permission to pet or play with a dog
- Supervise children around dogs, especially if the dog is not the family pet
- See that the child never teases a dog or plays with it longer than the dog wants to play
New York Dog Bite Laws
New York dog bite laws are a combination of the one-bite rule and strict liability. The one-bite rule holds that a dog owner will be liable for damages only if the owner knew the dog was dangerous from past incidents. A bite victim will have to prove that an owner knew the dog was vicious before the attack but did nothing to prevent it.
Strict liability would impose responsibility on a dog owner even if they were not being negligent when the dog bit someone. In Huntington, dog owners could be forced to pay for the medical and veterinary bills of the injured person their dog bites. If the victim is to collect additional damages for pain and suffering, future wages, and loss of enjoyment of life, an animal attack attorney can help discern the best course of action for the case.
What Defines a Dangerous Dog?
In Huntington, a dangerous dog could be defined as one that attacks a person or another animal with no provocation and behaves in a way that would be believed to be threatening and dangerous.
Under New York statutes, a victim who provokes a dog to attack may not be able to claim the dog has a dangerous propensity. Furthermore, on-duty police dogs are not considered dangerous under the law. The state will only levy fines on owners of dangerous dogs who attack residents or service animals.
Proving a Dog is Vicious
Although the courts have recently heard some animal bite cases based on the tort of negligence, the bifurcated rule that still stands demands plaintiffs prove the ‘vicious propensity’ of the dog that bites them to recover any damages exceeding medical costs. This rule has been challenged and is gradually being interpreted in different ways because viciousness has been difficult to prove, even if the dog has bitten before.
For example, the courts have ruled that an owner who posts “Beware of Dog” signs or barking at strangers may not be sufficiently knowledgeable that the dog has vicious propensities. However, if the attack sustained by the victim or any prior attack is severe enough, the court could use this as evidence that the dog has a propensity towards violent behavior.
A Huntington Dog Bite Attorney Can Help
If a dog has attacked you, and you have suffered painful wounds to your person and to your mental well-being, it could take a long time to heal. Recovering compensation from the dog’s owner, whether they were innocent, negligent, or acted intentionally, requires knowledge of complicated statutes governing animal attacks. A Huntington dog bite lawyer could relieve you of the burden of filing a claim and handle the complicated parts of the process. Call to schedule a consultation about your situation.