For An Overview Of New York State Dog Bite Laws
In New York to prove liability in a dog bite case you generally have to show that the dog had a vicious propensity and that the owner knew of this propensity and didn’t take reasonable steps to control the dog and that lack of control of the animal lead in one way or another to the dog biting somebody and causing a personal injury.
Do Most Dog Bite Injury Cases Involve Strangers Or People That Know One Another?
I have handled dog bite cases with strangers just walking down the street and I have handled dog bite cases where somebody was familiar with the animal and the animal just got startled or something happened and the dog bit somebody unexpectedly.
What Are The Most Common Types Of Injuries Sustained In Dog Bite Incidents?
In dog bite cases you generally have lacerations, contusions, skin tear situations, you could have various infections and obviously scarring is usually an issue in a vicious dog bite case.
Who Is All Liable In A Dog Bite Injury Claim?
Generally, in a dog bite case, I would sue the owner of the dog and the person who was controlling the dog at the time of the incident this may or may not be the same person.
Under What Circumstances Under Your State Law Would A Pet Owner Not Be Held Liable?
A defendant could be held not liable in a dog bite case if it is the first time the dog exhibited a vicious propensity. That means that the dog never bit anybody in the past or showed an aggressive behavior that you can prove the owner was on notice of prior to the dog bite.
What Damages Should Someone Seek If They Have Been Injured In A Dog Bite Incident?
This depends on the severity of the injuries that were sustained as a result of the bite.
Is The Amount Of Damages Determined By The Severity Of The Injury?
Yes, the seriousness of the injury is a factor in any personal injury case.
Are Future Medical Expenses For Things Such As Cosmetic Surgery Taken Into Account?
Yes if somebody has a scar that needs revision as a result of a dog bite case these issues are taken into consideration when valuing the case and either proving it in front of a jury or negotiating a settlement on the case.
Who Actually Pays The Damages To Dog Bite Victims?
This would either be the defendants that owned and or controlled the dog or their insurance carrier for the most part.
How Long Do I Have To Bring A Dog Bite Personal Injury Case Against The Owner?
A dog bite case like any other personal injury case has a statute of limitations of three years from the date of the incident.
What Information Or Evidence Should I Collect From The Dog Bite Incident To Help My Case?
You want to know as much as possible about the dog and its owner to determine if a case is viable.
Should I Ever Negotiate With The Pet Owner Or Their Insurance Instead Of Retaining Legal Counsel?
Generally, a pro se plaintiff that is one without an attorney won’t have the knowledge and experience to navigate the litigation and settlement process furthermore a pro se litigant wouldn’t have the knowledge of the value of the case typically when people represent themselves they tend to settle their case for much less than its full value. Generally, a pro se plaintiff that is one without an attorney won’t have the knowledge and experience to navigate the litigation and settlement process furthermore a pro se litigant wouldn’t have the knowledge of the value of the case typically when people represent themselves they tend to settle their case for much less than its full value.
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