If you have been seriously injured from a dog bite, you may be wondering if you are eligible to receive compensation. The first thing you will want to know are the New York dog bite liability laws. Understanding who specifically is at fault will get you started on your personal injury case. Here is what you should be aware of.
New York Dog Bite Liability | Faulty Party
If you were seriously injured by a dog, you very well may have a case. Depending on the circumstances, you will have a case against the dog owner if they were negligent (acted in a way that let this incident happen or did not take preventative measures). This will vary case to case, but typically the liability falls on the owner of the dog.
Let’s say, for instance, you were walking down the street and all of a sudden, a dog comes bounding out of a house and attacks you. Perhaps the owner of this dog did not have their front door closed or their fence locked, and their dog got out. This would be where that owner was acting negligently.
You may be worried if you noticed a “BEWARE OF DOG” sign placed on this person’s property. It is understandable that you might be concerned that this would affect your ability to bring a claim, however this type of sign does not hold any weight of significance if this dog owner did not take measures to prevent their dog from attacking. A sign like that is not going to mean much if you were an innocent passerby that was severely hurt because someone else was being careless.
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New York Dog Bite Liability | One-Bite Rule
There are certain complications that you must be aware of when dealing, in particular, with New York dog bite claims. There is something called the “One Bite Rule” that may have a significant impact on your ability to bring a claim. In New York, a dog essentially gets one bite that does not have consequences for their owner. If they were to do it again, then there would be recourse. It can seem very discouraging if you think you fall under the limitations of this rule, but it is not the end of your rope.
This rule exists to protect dogs who have never attacked and have never shown a propensity to be violent in the past. You may still have a case if you can prove that the owner of the dog knew they had an inclination to be vicious.
An experienced New York dog bite lawyer will be able to uncover any past instances and gather pertinent information. They will talk to anyone who might know anything about this dog including mailmen, delivery personnel, and neighbors. They will be able to determine the behavior of this dog and if there was any indication that it might be vicious. That “BEWARE OF DOG” sign may even be to your benefit. It could prove that the owner knew the dog could attack. If you can prove these things, and you can prove the negligence of the dog owner, you may absolutely be able to bring a claim.
New York Dog Bite Liability | Hire an Experienced Lawyer
An experienced New York dog bite lawyer should be contacted as soon as possible so they that can begin to gather vital information for your case. An experienced New York dog bite lawyer at Brian Elbaum Law is prepared to take your case all the way. Please call our office today for a free consultation to learn more about how we can get you full and fair compensation for your injuries.