Dog bites can occur unexpectedly and result in serious injuries. A dog that appears gentle or aggressive can bite you or your loved one without giving a warning sign. Importantly, this can happen to any dog; dog biting is not limited to large breeds like pit bulls, Rottweilers, and German shepherds. Instead, dogs of all breeds can bite and injure you.
Long Island has many dog parks where dog bites can occur, but these incidents can occur anywhere. You could be bitten while walking down the street or visiting a friend whose dog you are familiar with. Dogs are unpredictable and can attack people on Long Island at any time.
A dog bite can cause severe injuries such as bone fractures, scarring, bacterial infections, or nerve and ligament damage. You may also experience emotional trauma and distress as a result of the incident, which can have a negative impact on your daily life. Many dog bite victims have the legal right to sue the dog’s owner for compensation. Speak with a Long Island lawyer about the dog bite liability laws and your legal options in New York.
New York State Statutes
If you live in New York and have been injured by a vicious dog, you should be aware of the laws that must be followed in order to determine when the dog owner is liable.
In general, New York is a dog-friendly state, and the state’s laws, including homeowners’ insurance policies. For example, New York State recently passed legislation prohibiting insurers from refusing to issue, renew, cancel, or charge a higher premium or rate based solely on the presence of a dog of a certain breed or breed mix. Moreover, this initiative seeks to end homeowner’s insurance breed discrimination. When it comes to dog bite liability, New York laws are complicated and out of date. Most states impose strict liability on dog owners, while some still apply the “one-bite” rule, but New York combines the two.
If a dog has previously been adjudicated as dangerous by officials, the owner is strictly liable for the medical costs of a bite victim. Strictly liable means that a victim does not have to prove anything wrong with the dog owner prior to the bite. A victim must prove that the dog had vicious tendencies and that the owner was aware of these tendencies in order to recover any other damages other than medical bills.
To successfully collect compensation in many states, you only need to show that a dog bit you and you were injured. Unfortunately, this is not the case in New York, and dog bite victims face a much steeper uphill battle. This is why you need the assistance of a Long Island dog bite attorney. Furthermore, violating leash laws does not automatically make a dog owner liable for your bite injury. Only state laws are considered “negligent” in New York when people violate local or municipal ordinances. Because leash laws specific differ from place to place, failing to follow leash laws is only evidence of negligence, not automatic proof of negligence.
While many people believe that New York’s dog bite laws are outdated and that strict liability should be implemented, this is the current law that dog bite victims in the state must follow. Always seek the advice of a Long Island dog bite lawyer who understands how to prove your dog bite case.
Contact A New York Or Long Island Dog Bite Lawyer Right Away
Recovering from a dog bite or attack can be overwhelming and painful. Fortunately, you do not have to face such a complex and difficult legal process alone. You can begin right away by asking trusted friends and family for recommendations and conducting your own online research on local lawyers.
Following that, you can consult with a New York Dog Bite Attorney. Case evaluations are free, and any specific questions you have should be answered by a lawyer. Getting started as soon as possible will put you in the best position to pursue and win a dog bite claim.