Johnny was just five years old when his day at the playground turned into a nightmare. He was throwing his ball around the designated play area, laughing and having a wonderful time, when suddenly a large dog knocked him off of his feet. Johnny cried for his mom as the dog bit and clawed his tiny body. Johnny suffered a dog attack and had physical and emotional injuries that will affect him for the rest of his life and cost him and his family financially because of this incident.
3 Things Needed to Have a Dog Bite Lawsuit
In order to pursue a dog attack lawsuit, individuals need the following three things:
- Evidence that proves your case
- A good defense (such as the owner ignoring warnings of the dog displaying the tendency to bite)
- Filing before the statute of limitations expires
New York Dog Bite Law
New York State dog bite laws claim the owner of the “dangerous dog” is liable for medical expenses and veterinary costs of the victim. The definition of “dangerous dog,” as discussed in Section 108.24(a) under NYS’ Agriculture & Markets Law, is outlined as an animal that attacks without justification and causes physical injury or death, or poses a serious impending threat of serious injury or death to a person or other animal.
You may also be entitled to pain and suffering for the dog bite attack. New York State requires the victim to prove the dog had the habit or tendency to bite people as well as the owner being aware of this propensity. Average payout for a dog bite depends on the overall situation as well as if the owner had property insurance that did not exclude dog bite attacks. In 2014, an average dog bite claim in the United States was $32,072. If the dog owner has insurance, it is definitely a good idea to consult a personal injury lawyer as they will have more experience interacting with insurance companies.
A Serious Dog Bite Injury
Now, there is a difference between a minor injury and a severe dog bite wound. It is important to know that if the injury was very minor, you were treated in the ER, and will not have to endure numerous medical bills, you may wish to think twice about pursuing a lawsuit. Yet, if you did suffer significant injuries or losses, a lawsuit may be the best course of action. Below are a few examples of serious dog bite injuries:
- Puncturing the skin, resulting in severe blood loss
- Significant scarring
- Muscle damage
- Nerve damage
- Bone damage
- Infection (such as rabies, or tetanus)
- Loss of limbs
How to Prevent Being a Dog Bite Victim
If you suffered from a dog bite injury, know the attack was not your fault. However, there are a few precautions you can take in order to help prevent becoming a dog attack victim. The reason dogs bite, as well as a few tips to prevent becoming a dog bite victim were outlined in a recent blog post.
What to Do If You Think You Have a Dog Attack Case
Whether you suffered injuries personally, or if a dog attack affected your livestock and disturbed your livelihood, you may be considering litigation. If you believe the attack is eligible for a potential dog bite lawsuit, work on building up the evidence you have first. Gather photos of the environment in which the incident occurred, take photos of any and all injuries sustained as well as copies of medical records showing the treatment you have received. Also, be sure to file a police report to notify authorities of the attack. Your next step would be to reach out to a personal injury attorney. After your initial consultation, you will be able to decide if you should move forward in the case. If a lawsuit is imminent, the dog attack lawyer will be able to guide you through the proceedings.
If you have been injured in a dog attack in the Utica or Syracuse areas, it is not your fault. While you may be reluctant to pursue a lawsuit, a dog bite lawsuit will hold the owner accountable for not preventing the incident from happening. If you’ve been hurt, contact upstate New York personal injury lawyer, Brindisi, Murad, Brindisi and Pearlman for a free consultation. We’ll fight for you. Contact our office today.
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Tags: Dog Bite Lawsuit