Find a New York Dog Bite Lawyer

July 26, 2022
Steven Schwartzapfel

Dog Bites and Attacks

Dog bite incidents are more common than people might think. In New York City, an estimated (4,000) dog bite incidents occur every year. That’s more than (10) attacks a day!

Many may believe that aggression among dogs can be attributed to certain dog breeds or stray dogs. However, most dog bites and attacks are inflicted by pet dogs. In many cases, individuals are attacked by dogs in their own households.

Anyone can experience dog bites or attacks. That’s why understanding how they happen and their potential effects is so important.

What Are the Causes of Dog Bites and Attacks?

There could be many reasons a dog bites or attacks an individual. Determining how and why an incident happened can be important in proving responsibility when filing a claim.

Below, you’ll find some possible reasons a dog bite or attack may occur:

A dog responds with aggression after feeling threatened or fearful of an individual or their surroundings.
A dog attacks someone touching them, yelling at them, or triggering them in any other way.
An owner fails to leash or keep their dog under control in public amongst other people.
An owner cannot get their dog to respond to simple commands or calm them down before an attack.
A dog that has bitten someone or had vicious propensities in the past is not put through training or given a muzzle to wear by its owner.

While the circumstances of a dog bite incident often differ, it is typically the owner’s responsibility to keep their dog under control.

Dog owners can help prevent attacks by training their dogs, supervising them in public settings, and using leashes and muzzles when necessary. They should also follow any leash laws in their state.

For more information about dog bites and other animal attacks and legal implications, a member of our seasoned team at Schwartzapfel Lawyerscan help. Give us a call at 1-516-342-2200 today!

Types of Dog Bite Injuries

When you file a claim, your compensation may depend on how serious the injuries you incurred during an attack were. The more severe an injury is, the more coverage you are likely to be eligible for.

The severity of a dog bite or attack is based largely on a dog bite scale, which was developed by doctors and behaviorist specialists to assess injuries and aggressive behavior in dogs. The scale covers six (6) different levels of dog bites ranging from least to most severe.

The following are descriptions of the different levels of dog bites:

Level One Bite: A dog exhibits aggression in response to feeling threatened, however, there is minimal physical contact. The dog’s teeth do not come in contact with the dog bite victim.

Level Two Bite: A dog’s teeth make contact with the victim, however, their skin is not punctured, and there is no wound or injury.

Level Three Bite: A dog bite in which one (1) to four (4) teeth puncture the victim’s skin creating a wound or injury.

Level Four Bite: A dog bite in which one (1) to four (4) teeth puncture the skin, and the bite is deeper than half the length of the dog’s teeth.

Level Five Bite: Multiple dog bites in one attack that are deeper than half the length of the dog’s teeth.

Level Six Bite: A dog attack that leads to the victim’s death.

Most dog bites are level one and level two bites. In such cases, a dog may exhibit aggressive behavior, but the victim is not seriously injured. Level four and five bites can lead to more serious injuries and often require extensive treatment.

Regardless of the level or severity of a dog bite, however, you may still be able to file a claim after an incident.

Filing a Dog Bite Personal Injury Case

Filing a claim after a dog attack is not much different from filing any other personal injury claim. To ensure any personal injury claim you make is successfully filed and processed, there are certain steps you should follow:

Seek Medical Attention: Go to the emergency room as soon as possible after the attack to receive medical care. Seeking medical treatment is also important in establishing a record of your injuries, medical bills, and a record of any emotional distress or trauma.

Gather Evidence: To determine how an incident occurred and who the responsible party is, you must gather as much evidence of the incident as you can. This can include witness statements, police reports, as well as medical expenses and documents. You will likely also need evidence about the dog’s history in dog bite cases.

Once you have all the necessary information, you may file your claim against the dog owner or the at-fault party. For most personal injury cases, the statute of limitations to file a claim is three (3) years. However, because all cases are different, it is always best to consult a lawyer.

If you are unsure what steps to take to file a claim, you can speak to one of our lawyers at Schwartzapfel Lawyers by calling 1-516-342-2200. Alternatively, you can visit us online to schedule your free consultation now!

Dog Bite Liability Laws

While dog bite cases are similar to other types of personal injury cases, there are many differences in proving liability. Personal injury cases are often held to the same guidelines, however, some laws are specific to certain types of cases.

In most personal injury cases, proving liability is based on whether negligent actions were the cause of an accident or loss. However, proving liability can be a lot more complicated in dog bite cases. After all, a dog cannot be sued after an attack.

Generally, dog owners are held responsible for covering losses after their dog attacks someone else. However, guidelines surrounding liability differ from state to state laws.

One Bite States

In some states, including New York, the “one-bite” guideline applies to all dog bite cases. According to this dog bite law, dog owners are only responsible for a dog bite or attack if they were previously aware of their dog’s aggressive nature.

This could mean that their dog has bitten someone in the past or has a history of exhibiting aggressive behavior toward others.

If there is no evidence that a dog has been aggressive or that the owner knew of their dog’s behavior, they may not be held responsible for an attack. In such cases, victims may not be able to receive compensation or may receive coverage through their insurance company.

For more information about liability laws in personal injury cases, consult with the experienced team of Schwartzapfel Lawyersby calling 1-516-342-2200 now!

Strict Liability States

Strict liability holds dog owners responsible for a dog bite or attack regardless of whether or not their dog has a history of aggression or whether or not they are aware of their dog’s past behavior.

When applied to dog bite cases, strict liability upholds that dog owners are responsible for their dog’s actions and keeping them under control.

In such cases, dog owners cannot claim they were unaware of their dog’s behavior.

Other Scenarios

Both the “one-bite rule” and strict liability only focus on whether or not a dog has a history of aggression and their owner’s awareness of their history. However, more factors can go into proving liability in a dog bite case.

A dog owner can be charged with negligence if their lack of control over their dog leads to an attack. This can include not putting a leash on their dog or not trying to stop them when they become aggressive toward another individual.

In other cases, a dog owner can be subject to criminal charges if their dog inflicts serious injuries on others or if they are purposefully keeping a dangerous dog as a pet.

Regardless of the situation, it is very likely that a dog owner will likely try to defend themselves against a dog bite claim. Certain defenses may include but are not limited to:

The victim was trespassing on private property, leading to an attack by the homeowner or property owner’s dog.
The victim was provoking or threatening the dog.

Depending on how an incident occurred, the victim may have been partially or even fully responsible for an attack. In such cases, they would receive partial compensation or not be eligible for any.

Dog Bite Liability in New York

In New York State, dog bite liability laws are not as black and white as they are in other states. Both “one bite” and strict liability are applied depending on case-by-case scenarios.

For example, if a dog owner is unaware of their dog’s past aggressive behavior, they may still be charged if an attack leads to serious injuries or if they cannot control their dog at the moment.

However, New York dog bite laws are generally strict for dog owners. All dogs must be leashed in public. Dog owners can be charged if they fail to control and supervise their dogs in public settings.

Liability laws can be complicated, especially in dog bite cases where it can be difficult to determine who was responsible for an attack other than the dog.

At Schwartzapfel Lawyers, we can help clear up any confusion you may have regarding dog bite liability laws in New York or elsewhere. You can reach out to us by calling 1-516-342-2200 or visiting us online today.

How To Find the Right Lawyer

Dog attacks can be very dangerous. Luckily, anyone who has experienced a dog bite or attack has rights under the law. They can file a claim for their losses and collect maximum compensation for any ensuing dog bite injuries, including physical disfigurement, puncture wound treatment, and emotional trauma in your case’s verdict.

Understanding how dog bite incidents happen and what legal options you have to start a case can help ensure you can take action after an attack. Regardless of how familiar you are with guidelines surrounding dog bite cases, hiring the right lawyer can make all the difference.

Skilled lawyers can help you understand applicable liability laws and provide evidence against any defenses or counterclaims an at-fault party makes. They can tend to your case while you rest and recover from your injuries. Many even offer a free consultation or case evaluation to help you get started.

If you are not sure where to begin, here are a few notable considerations looking for the right legal team:

Their qualifications and educational background.
Their case history, years of experience, and whether they have been successful in past lawsuits.
Their reputation amongst clients, as well as the reputation of their law firm.
Whether they specialize in or have previous experience in the type of case you are looking to file.
Whether you feel comfortable with them and can trust them with your case review and personal information.

If you want to file a claim following a dog bite or attack, look for a qualified and experienced dog bite attorney with a background in dog bite cases who can best support you and your case.

At Schwartzapfel Lawyers, our personal injury lawyers have dealt with all types of personal injury cases.Over the past forty years, we have helped thousands of clients recover financially after suffering injuries due to accidents. To speak with an experienced member of our legal team at no charge, dial 1-516-342-2200 or visit us online today. It will be our honor and privilege to fight – and win – for you!

DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!

Sources:

Schwartzapfel Lawyers, P.C. | Fighting For You™™

Preventing Dog Bite-Related Injuries among New York City Residents | NYC Department of Health

Issue: Bite History and Potential for Future Aggression | Animal Care Centers of NYC

6 Types of Dog Bites | USA Dog Behavior

Dog Bite Lawsuit Guide 2023 | Forbes Advisor

Spotlight On: Dog Bite Liability | Insurance Information Institute