If you or someone close to you has been bitten by a dog, you might feel lost and stressed. The pain and emotional fallout can be tough. Knowing your legal rights is crucial. We’re here to help. Having the right lawyer can greatly improve your chances of winning a dog bite case.
Who is Responsible for Dog Bites in New York?
Dog bites often lead to questions about blame. In New York, dog owners are usually responsible for their pets. But sometimes, property owners or landlords can be held accountable too. This is true if they knew about the dog’s bad behavior and did nothing. This is called premises liability. It means the property owner or manager can be liable for injuries on their property.
When Can a Landlord or Property Owner Be Liable?
To sue a landlord or property owner, you must prove they knew about the dog’s dangerous behavior or didn’t take the necessary steps to prevent harm. For instance, if a landlord lets a tenant keep a known aggressive dog without warnings or safety measures, they can be held responsible for any injuries. Similarly, if the landlord has control over areas where the dog is, like yards or shared spaces, and fails to ensure safety, they might also be liable.
How to Prove Negligence in a Dog Bite Case
Negligence means not acting with reasonable care. To prove a landlord’s negligence in a dog bite case, you need solid evidence. Show that the landlord knew or should have known about the dog’s dangerous behavior and didn’t act. Witness statements, past complaints, or records of earlier incidents can strengthen your case.
Founding Partner Managing Partner Associate Attorney
Richard Nicotra
Andrew Connelly
Emily Oczytko
What Compensation Can You Get?
Dog bite injuries can lead to high medical costs, emotional pain, and other financial issues. Victims can claim compensation for medical bills, lost income, pain and suffering, and future treatments. In serious cases, where there are lasting scars or disabilities, compensation might cover the long-term impact on life quality.
Why Acting Quickly is Crucial
New York has strict deadlines for personal injury claims. You usually have three years from the incident to file a claim. But acting quickly helps preserve evidence and build a strong case. Delaying can make it harder to prove blame and get the compensation you need.
What to Do After a Dog Bite
After a dog bite, focus on your health. Get medical help immediately, even for minor injuries. Dog bites can lead to infections. Document everything. Take pictures of your injuries and the scene. Get contact info for witnesses. Also, report the incident to local authorities or animal control. This creates an official record, which is helpful for your claim. Avoid talking about the incident with the dog’s owner or landlord without a lawyer. It could hurt your case.
How a Lawyer Can Help Your Claim
Suing a landlord or property owner for a dog bite needs a good understanding of New York’s laws and strong evidence. Having a lawyer makes this process easier. Your lawyer will deal with insurance companies, gather evidence, and fight for your rights to ensure you get fair compensation.
Richard Nicotra represented my husband for a motorcycle case. His professionalism and empathy during the case was exceptional. The professionalism Displayed by the firm and staff was truly appreciated.. I highly recommend Richard and his practice for any of your needs.” - Lisa Isenberg I used Andrew Connelly after I was in a car accident, and he has been my go-to for over 10 years when anyone has asked for a recommendation for a no-fault attorney. His knowledge, patience, and professionalism go a long way in making an often difficult and challenging situation easier. He is reliable, and someone you can trust to get the job done right. The 5 stars are well deserved." - Andrea Mccarthy Rick Nicotra from the Nicotra Law Firm PC is a very honest, knowledgeable, and genuinely caring attorney. Furthermore, he is very personable and always available for you whether it be a text, email, or phone call. Rick and his team are exceptional. They treat you like family and are second to none. I would recommend Rick Nicotra and his team from The Nicotra Law Firm PC." - Chad
Understanding Dog Bite Laws in New York
New York’s dog bite laws determine who is responsible and how much compensation victims receive. The state uses a mix of strict liability and negligence rules. If a dog has a history of aggression, the owner is typically fully responsible for any injuries. However, if the dog has no prior issues, proving negligence becomes necessary, making claims against landlords or property owners trickier.
Landlords and property owners must keep their spaces safe. This includes addressing known dangers, like aggressive dogs. If they ignore reports about a dangerous dog, they can be held liable for injuries. Knowing these laws is key to building a strong case and seeking compensation.
The Importance of Evidence
Evidence is crucial in dog bite claims. It’s especially key when going after a landlord or property owner. You need to show they knew about the dog’s aggression and failed to act. Useful evidence includes past complaints, incident reports, and veterinary records. Photos of injuries and the attack scene, plus witness statements, also strengthen your case. For example, a tenant’s past complaint about a dog’s aggression proves the landlord’s knowledge. Building a strong evidence case needs careful work. An experienced legal team ensures nothing important is missed.
Related Videos
How should I choose a personal injury attorney for my claim?
Insurance companies dirty tricks
The Need for Medical Care and Records
Getting medical help right after a dog bite is vital. Even small wounds can lead to serious issues. Medical records are crucial for proving injuries and linking them to the dog bite. These records help in calculating damages for medical costs and suffering. Also, keeping a record of your recovery is important. Note down physical and emotional challenges. This helps show the injury’s impact on your life.
Common Defenses in Dog Bite Cases
Landlords and property owners often try to avoid blame. They might claim ignorance of the dog’s aggression, say the victim provoked the dog, or argue the victim was trespassing. Preparing to counter these arguments is key to success. If a landlord claims ignorance, you can present prior complaints to challenge this. If provocation is alleged, witness statements or video can refute it. Having a knowledgeable legal representative is crucial for addressing these defenses.
How Compensation is Determined
Compensation in dog bite cases varies. It depends on injury severity, life impact, and negligence. Medical expenses are the main factor. This includes surgery, medication, and therapy. Victims can also claim lost income. Non-economic damages are included too. This covers pain, emotional distress, and loss of enjoyment in life. For severe cases, future expenses and long-term care costs are considered. A thorough evaluation is needed to determine full damages.
The Broader Impact of Dog Bite Injuries
Dog bite injuries affect victims beyond physical wounds. Emotional trauma, such as fear of dogs or PTSD, is common. These issues may require therapy. The financial burden can be heavy, including medical bills and lost wages.
Your Rights as an Injured Tenant or Visitor
If you’re injured by a dog on someone else’s property, you can seek compensation. Landlords and property owners must address dangerous conditions. Knowing your rights and holding negligent parties accountable is crucial.
Steps for Landlords to Prevent Attacks
Landlords can reduce dog attack risks by being proactive. This includes checking backgrounds of pet owners, setting rules for pets, and responding to complaints. Properly managing dogs is key to safety.
The Importance of Acting Quickly
Acting quickly after a dog bite injury is crucial. It helps in gathering evidence and building a strong case. Delaying could complicate things or even bar you from compensation.
At The Nicotra Law Firm, PC, we understand the challenges after a dog bite. Our goal is to support you and ensure your rights are protected. We handle everything, from evidence gathering to court representation. If you’ve been bitten by a dog and believe someone else is responsible, reach out to us. Let’s take the first step towards justice and compensation together.
To learn more about this subject click here: Do You Need a Personal Injury Attorney for a Dog Bite Case in New York?