What Happens when a dog bites in Brooklyn?

It is a very traumatic experience of being bitten by a dog, it can leave you with physical and mental scars for the rest of your life. If you’ve been bitten by a dog in Brooklyn, you need to understand the legal landscape surrounding dog owner liability. Here, we’ll delve into New York’s dog bites laws, and explore what determines the owner’s capability and outline the steps you should take after a dog attack.

New York’s Mixed Approach to Dog Bites

In some states there are ‘one-bite rule’ where owners are only liable for subsequent bites after a history of aggression, but New York doesn’t follow that rule it follows the ‘mixed liability’ approach. This means culpability depends on the circumstances surrounding the attack and the dog’s classification.

Medical Bills after a Dog Bite

In New York, strict liability is imposed on dog owners regarding medical bills if a designated dangerous dog bite someone. A dog is considered dangerous if:

1. Injured or attacked a person, farm animal or a pet without justification
2. Behaved in a way that any reasonable human being would consider dangerous or posed a serious risk regarding their life or health.

Proving Negligence

While medical bills are covered under the strict liability rule, the additional charges such as lost wages and distress are covered when the owner’s negligence is proved. This means demonstrating:

1. They should be aware of the dog’s vicious behavior.
2. They failed to take proper action to prevent the attack such as leashing the dog in accordance with the New York laws and properly securing their property.

Understanding One Bite Element in Brooklyn

In New York, dog bites law incorporates with the elements of the one bite rule, while dealing with the non-dangerous dog. This is what does you need to prove to hold an owner accountable for a non-dangerous dog bite:

1. The bite occurred at a public place where the victim had a legal right to be.
2. The owner should have been aware of the dog’s vicious behavior.
3. The victim wasn’t harming or provoking the dog.

Common Scenarios and Determining Liability

 Some common scenarios of dog bites and how culpability might be determined is following:

1. Mail Carrier bitten by the dog: If the dog had a history of biting of the mail carrier and it happened again and the mail carrier was injured because the owner didn’t take the necessary precautions, they’d likely be liable to bite and potentially additional charge.
2. Child Bitten while playing with the dog: In this case the liability depends on whether the dog owner was aware of the aggressive nature of the dog or not and if they provided the proper supervision while the child was interacting with the dog.
3. Jogger Bitten by unleashed dog: If the owner had to leash their dog legally and they didn’t do it then they are most likely to be liable, even if the dog had no previous history of biting.

Steps to Take after a Dog Bite

Following are the steps that you need to take after a dog bite incident:

1: Seek medical help: Seek immediate medical help to treat your injuries and it can also be used as evidence later.

2. Report the bite: Report the bite to the higher authorities so that they can act.
3. Gather Evidence: Gather as much evidence as possible and try to get witnesses testimonies if possible.
4. Consult an Attorney: Consult a personal injury lawyer to help you navigate the legal maze smoothly.

Remember, even if the dog appeared friendly, document the incident and seek medical attention. Dog bites can transmit diseases and lead to serious infections.

You have rights and they can’t be violated, call now for a free consultation at (718) 414-6642.