Bronx Dog Bite
Dog bite injuries can be very serious, and interestingly, these injuries are quite common. In fact, 4.7 million dog bite attacks happen every year. The severity of the injuries depends on the type of dog involved, as well as the size and age of the victim. Injuries sustained can be anything from a moderate puncture wound, to broken bones, to a serious spinal cord injury. Sadly, there are many cases where the victim of a dog attacked did not survive. In New York a dog owner may be liable for medical expenses that result from a dog bite attack. New York has a "one bite" rule regarding other damages, such as lost wages or emotional distress. If you have been seriously injured after a dog bit you or attacked you, it is important that you contact an experienced Bronx dog bite lawyer who will review the facts of your case and help you hold the dog's owner responsible for biting you.New York dog bite law
New York law states that an owner of a "dangerous dog" is strictly liable for the emergency room treatment and other medical costs from an injury caused by that dog. In addition to being held liable for medical costs, the owner may also be required to pay a fine if it is determined that the owner's negligence results in a dog bite to either a person, a guide dog, hearing dog, or service dog. For a dog to be classified as a "dangerous dog," the dog must have a history of aggressive behavior and attacks. It must be shown that the owner knew that the dog had a violent disposition, or that the owner was negligent in training the dog or negligent in control or care for the animal.
In Van Auken v. Bory, 2013 NY Slip Op 31661 (N.Y. Sup. Ct., 2013) the court described strict liability theory for a dog bite or attack. The court noted that the victim of a dog attack must prove that the dog had vicious propensities that the owner of the dog knew about or should have known about. One way to prove a vicious propensity is evidence of prior attacks.Damages
Victims of dog bites are often left with painful injuries and medical bills. Many victims suffer puncture wounds, broken bones, and back injuries from being knocked down by the attacking dog. For example, in the case of Herbin v. Henrich, 2009 NY Slip Op 51531(U) (N.Y. Sup. Ct., 2009), plaintiff Barbara Herbin sued Jesse Hocker after she was bitten by Hocker's Akita dog. As a result of the bite, Herbin claimed that she suffered puncture wounds on her face requiring stitches. In some cases the dog bites lead to infection.
In many cases victims must miss work while they recover, particularly where the dog bite results in a bone fracture, back injury, or infection. Through a personal injury claim the injured victim can hold the owner legally accountable for the injuries. The victim can demand compensation for medical expenses as well as lost wages and other out-of-pocket expenses. Furthermore, because being attacked by a dog, being bitten, being seriously injured and permanently disfigured with a scar are all physically and emotionally painful experiences, the victim can demand payment for pain and suffering. If the dog's owner acted recklessly or willfully, resulting in the dog biting the victim, the court may also award the victim punitive damages.Contact the Law Offices of Stephen Bilkis & Associates
If you or a loved one was attacked by a dog and suffered a bite, bone fractures or other serious injuries, you should contact an experienced attorney who understands both the legal issues associated with dog bite cases as well as the medical implications. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in handling personal injury cases stemming from dog bites as well as other types of personal injury cases. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.