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Dog Bites

Dogs are known as man’s best friend, but sometimes they can turn aggressive and cause harm to people. Dog bites can be severe and may result in lasting physical and emotional trauma. In the event of a dog bite, it is essential to understand the legal implications and seek the right legal help. We specialize in personal injury law at Viscosi Law and have extensive experience handling dog bite cases.

Dog bites can cause severe injuries, including nerve damage, broken bones, and infections, resulting in extensive medical treatment and long-term rehabilitation. In some cases, dog bites can even lead to death. That is why contacting an attorney as soon as possible after a dog bite is crucial.

In New York, dog owners are strictly liable for the actions of their dogs. This means that dog owners are responsible for the damages caused by their pets, regardless of whether the dog has shown any aggressive behavior in the past. However, to recover damages, the injured person must prove that the dog bite caused the injury and resulted in damages, such as medical bills, lost wages, and pain and suffering.

At Viscosi Law, we understand the complexities of dog bite cases and work diligently to help our clients recover compensation for their injuries. Our experienced attorneys will investigate the case thoroughly, gather evidence, and work with medical experts to establish the extent of the injuries and their impact on the victim’s life.

Dogs and the Law in New York

In New York, dog owners are responsible for any injuries or damages their dog causes, regardless of whether or not they are aware of the dog’s propensity to bite or be aggressive.

One Bite Rule

New York follows the “one-bite” rule, a legal doctrine that holds dog owners liable for injuries caused by their dogs if they are aware of the dog’s vicious tendencies. This means that if a dog has bitten someone before or has shown aggressive behavior, the owner may be liable for any future injuries caused by the dog.

Under the one-bite rule, a dog owner that has never bitten anyone before may not be held liable for the first bite, as the owner may not have been aware of the dog’s vicious tendencies. However, if the dog bites someone a second time, the owner may be liable, as they would have been notified of the dog’s dangerous propensities.

It’s important to note that the one-bite rule is not the only legal principle that applies to dog bite cases in New York. Other factors may be considered, such as the dog owner’s negligence or whether the victim was provoking the dog at the time of the attack. An experienced attorney can help navigate the complexities of dog bite cases and determine the best course of action.

Leash Law 

In New York, the leash law requires that dogs be kept on a leash or confined to a secure enclosure when off their owner’s property. The leash law is designed to ensure that dogs do not run loose in public areas where they can potentially cause harm to other people or animals. If a dog is found running at large, its owner may be issued fine or other penalties.

The leash law is also relevant to dog bite cases, as it can be used as evidence to show that the owner of a dog was negligent in allowing their dog to be off-leash and potentially pose a danger to others. In some cases, a dog owner who violates the leash law and their dog causes injury to someone else may face increased liability for any damages caused by the dog.

New York has a law explicitly addressing dangerous dogs. Under this law, if a dog has bitten a person, the dog can be declared dangerous, and the owner must take certain precautions to prevent future attacks. This can include things like muzzling the dog in public or keeping the dog restrained at all times. If the owner fails to comply with these requirements, they can be charged with a misdemeanor.

The law in New York is designed to protect individuals injured by a dog while holding dog owners accountable for their pet’s actions.

What if You Get Bit by a Dog?

If you are bitten by a dog in New York, you should first seek medical attention immediately. Even a tiny bite can become infected and cause serious health problems, especially if left untreated.

Next, try to identify the dog’s owner and get their contact information. If the dog was running loose, you should contact local animal control or the police to report the incident. Please also take pictures of your injuries and any damage to your property.

It is important to remember that in New York, the owner of a dog is strictly liable for any injuries caused by the dog. This means the owner is responsible for compensating you for any medical expenses, lost wages, pain and suffering, and other damages resulting from the dog bite.

You may need to file a lawsuit against the dog owner to recover damages. An experienced personal injury attorney can help you navigate the legal process and make sure your rights are protected. They can also help you negotiate a settlement with the dog owner’s insurance company if applicable.

Possible Legal Charges for Dog Bites

In New York, legal charges for dog bites fall under the category of personal injury law, which means the victim can pursue compensation for damages incurred due to the dog bite. Dog owners in New York are strictly liable for injuries caused by their dogs, regardless of whether the owner knew about their dog’s vicious tendencies. If a dog bites someone, the owner is responsible for any damages caused, such as medical expenses, lost wages, and pain and suffering.

Under New York law, owning or harboring a dog with a known history of biting or attacking is a crime. If a dog has been deemed dangerous by a court or an animal control officer, the owner may be charged with a misdemeanor or felony if the dog injures someone.

If a dog bites a person, they can file a civil lawsuit against the dog’s owner seeking damages for any injuries sustained. In addition, the dog’s owner may face criminal charges if they knew their dog was dangerous or failed to take necessary precautions to prevent it from harming others.

Criminal Charges

In New York, criminal charges for dog bites are generally limited to situations where the dog owner is found to have acted recklessly or intentionally in allowing their dog to cause harm.

Under New York law, if a dog owner knows or should reasonably know that their dog has a dangerous propensity to bite, and the dog does in fact bite someone, the owner can be charged with a misdemeanor offense of “dangerous dog” or “reckless endangerment.” If the bite results in serious physical injury, such as permanent disfigurement or loss of use of a body part, the owner can be charged with a felony offense of “assault” or “aggravated assault.”

If the dog was trained to fight or used in a dog fighting operation, the owner could be charged with a felony offense of “animal fighting” or “animal cruelty.”

It is important to note that criminal charges for dog bites are relatively rare and are typically only pursued in extreme or intentional harm cases. In most cases, a civil lawsuit for damages is the preferred course of action for dog bite victims.

Civil Charges

In addition to criminal charges, there can also be civil charges in dog bite cases. Civil charges allow the victim to sue the dog owner for damages such as medical expenses, lost wages, pain and suffering, and emotional distress. Under New York law, a dog owner is strictly liable for any injuries their dog causes, regardless of whether the owner was negligent or knew their dog had dangerous tendencies.

To file a civil lawsuit for a dog bite in New York, the victim must prove that the dog attacked them and that they were lawfully on the premises where the attack occurred. If the victim was trespassing, they might not have a case. The victim must also prove that they suffered injuries due to the attack.

Sometimes, the dog owner may argue that the victim provoked the dog or was partially responsible for the attack. However, even if the victim was somewhat at fault, they may still be able to recover damages in a civil lawsuit.

If you have been bitten by a dog in New York, it is vital to seek medical attention immediately and to report the incident to the appropriate authorities. You should also consider speaking with an experienced personal injury attorney who can help you navigate the legal process and ensure you receive the compensation you deserve.

Dog Bite Facts

  • According to the New York City Department of Health and Mental Hygiene, there were 5,917 reported dog bites in the city in 2020.
  • The Bronx had the highest number of reported dog bites in the city, followed by Brooklyn, Queens, Manhattan, and Staten Island.
  • Children are more likely to be bitten by dogs than adults and are more likely to be seriously injured.
  • Pit bulls are the most common breed involved in dog bite incidents in New York, followed by mixed breeds, German Shepherds, and Chihuahuas.
  • In 2020, 47% of reported dog bites in New York City were from dogs not spayed or neutered.
  • Dog bites can cause serious injuries, including puncture wounds, lacerations, infections, and nerve damage. In severe cases, they can even be fatal.
  • Dog bite injuries can be costly to treat. In 2020, the average hospital charge for a dog bite-related hospitalization in New York City was $39,752.
  • In addition to physical injuries, dog bites can cause emotional trauma, particularly in children who may develop a lifelong fear of dogs.
  • It’s important to note that many dog bites go unreported, so the number of incidents may be much higher than the reported statistics suggest.

Viscosi Law Can Help You Today!

Viscosi Law can provide legal representation to individuals who have been involved in a dog bite incident in New York. The experienced attorneys at Viscosi Law understand the complexities of dog bite cases and can help victims receive the compensation they deserve for their injuries, medical bills, lost wages, and pain and suffering. 

We can also help clients navigate the legal process and negotiate with insurance companies. Viscosi Law is committed to protecting the rights of dog bite victims and ensuring that justice is served. Contact Viscosi Law today for a free consultation if you or a loved one has been injured in a dog bite incident.

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