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Posted in Dog Bites on January 30, 2023
Dog bites can result in traumatic injuries and emotional trauma. Under New York dog bite laws, an injured victim could be entitled to compensation for damages. Property owners should be aware of the potential for liability if a dog bites someone on their property in Brooklyn.
Some states have strict liability dog bite laws that hold an owner responsible for damages if their dog bites another person. The liability attaches even if the dog does not have a history of being vicious and has never bitten anyone before.
Other states operate on negligence laws. The injured victim must prove that the dog or property owner was negligent to hold them liable for damages for a dog bit.
For example, a dog owner is strictly liable for the injured party’s medical bills when a dangerous dog bites someone. Therefore, if your dog is considered a “dangerous dog” and bites someone on your property, you are responsible for the person’s medical bills.
A “dangerous dog” is a dog that:
An injured party could be entitled to additional damages if they prove you were negligent for allowing a dog to bite someone on your property. Negligence is the failure to use reasonable care to prevent harm or injury to another person.
Therefore, a jury might find you negligent if you failed to restrain your dog according to Brooklyn leash laws and it bit the mail carrier delivering mail. Likewise, you could be negligent if you knew or should have known your dog was vicious and did not take reasonable steps to prevent dog bites.
In addition to dog bite laws, premises liability laws could apply in some dog bite cases. Premises liability laws require property owners to warn guests of potential dangers. Therefore, if you have a dog on your property, you should warn people coming onto the property of the dog’s presence.
Landlords could be liable for a dog bite claim if they:
Likewise, if you know that a dog is roaming on your property and you feed the dog, you could be liable if the dog bites someone on your property. You fed the dog, but it always growled and bared its teeth. So, you knew the dog was on your land and possibly dangerous, but you failed to warn people or take steps to protect them from dog attacks.
Proving that a dog owner or property owner can be challenging. Dog bite cases are not as simple as people assume. It is best to speak with a Brooklyn dog bite attorney to learn about your legal rights for recovering compensation for damages.
Dog bite victims can sustain serious injuries that require extensive medical treatment. Victims who develop secondary infections might be hospitalized. Additionally, dog bites can cause severe disfigurement that requires reconstructive surgery.
Therefore, the economic damages from a dog bite case can be substantial. You could recover compensation and reimbursement for your:
In addition, you can demand compensation for non-economic damages. Dog bites can cause severe emotional distress, physical pain, and mental anguish. A victim could develop PTSD, depression, debilitating anxiety, and other emotional disorders.
If a dog bites someone on your property in Brooklyn, they have three years from the injury date to file a claim under New York’s statute of limitations. There could be exceptions for children. Also, if the victim dies, the family has two years from the death to file a wrongful death lawsuit for a dog attack.
The same statute of limitations applies if you are the victim of a dog bite. Whether you are the victim or being sued for a dog bite, having sound legal advice from a Brooklyn dog bite lawyer is wise.
If you need legal assistance, contact the Brooklyn personal injury lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242
Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #1605
New York, NY 10123