Debunking 5 Myths About Dog Bite Cases in New York
Dog bite incidents are common in New York. These incidents can be traumatic. Dog bite incidents can lead to serious injuries, scarring, and even long-lasting emotional trauma. Unfortunately, after a dog bite incident, misconceptions can leave you unsure of your rights. For example, you might believe that unless the dog was vicious, you cannot pursue compensation. Such myths can prevent you from seeking the compensation you need to recover from the attack. Below, we debunk five of the most prevalent myths about dog bite cases in New York and share what you really need to know if a dog has bitten you.
Myth #1: New York Is a One-Bite Rule State
New York actually follows a mixed approach. Under state law, a dog owner is strictly liable for a victim’s medical expenses if their dog is considered “dangerous.” On the other hand, to recover additional damages like lost wages and pain and suffering, you must prove that the dog owner was negligent in controlling their dog, such as failing to use a leash in public areas.
Myth #2: You Cannot File a Claim if the Dog Has Never Bitten Before
In New York, a dog does not need to have bitten someone before for you to have a valid claim. While a previous bite can strengthen your case, aggressive behavior, such as snapping, growling, or lunging at people, can be enough to demonstrate dangerous propensities.
Myth #3: You Cannot Pursue Non-Medical Damages
If a dog has bitten you in New York, you can pursue more than just compensation for medical expenses. If you can prove negligence, you may be able to recover additional damages, including;
- Lost wages or loss of future earning capacity
- Emotional distress
- Pain and suffering
- Scarring and disfigurement
Additionally, if you can prove the dog owner was especially reckless, you may be able to recover punitive damages.
Myth #4: You Must Prove Negligence To Win a Dog Bite Case
Whether or not you need to prove negligence in a New York dog bite case depends on the type of damages you are seeking. For medical expenses, the Big Apple follows the “strict liability” rule, meaning the owner is responsible for paying your medical expenses regardless of whether or not they were negligent. However, if you are pursuing non-medical damages, you need to prove that the dog owner was negligent.
Myth #5: You Can Only Pursue a Claim Against the Dog Owner
Indeed, the dog owner is typically the main party you can hold responsible after a dog attack. However, they may not be the only party responsible. Depending on the facts of your case, other parties you may be able to hold liable include;
- A landlord who knew about their tenant’s dangerous dog but did nothing about it
- A property owner who lets a known dangerous dog on their premises
- A dog sitter or walker who was in control of the dog and whose carelessness contributed to the attack
An experienced New York dog bite lawyer can conduct a thorough investigation and help identify all potentially liable parties to maximize your compensation.
Contact Us for Legal Help
If a dog has bitten you, speak with an experienced Long Island Dog Bite Lawyer at Jacobson Law today. We can guide you through the legal process, protect your interests, and help you recover the compensation you deserve for your injuries and damages.
Source:
law.cornell.edu/wex/strict_liability
