What Happens if a Dog Bites Someone on Your Property in Brooklyn?

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.

Understanding New York Dog Bite Laws

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.

New York adopted a mixed liability law for dog bite claims. Instead of holding parties strictly liable for all dog bites, the laws limit strict liability to specific types of dog bite cases.

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:

Behaved in a way that would cause a reasonable person to believe the dog created a risk of death or severe injury; OR,
Injured, attacked, or killed a person, farm animal, or pet without justification.

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.

When Can a Property Owner Be Liable for a Dog Bite in Brooklyn?

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:

Knew a dangerous dog was on their property;
They failed to warn people and did nothing to secure the dog; and,
The dog bit someone on their property.

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.

What Damages Can I Receive for a Brooklyn Dog Bite Claim?

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:

Medical treatment, including surgeries, hospitalizations, plastic surgery, physical therapy, and skilled care
Out-of-pocket expenses and costs
Assistance with personal care and household chores
Loss of income and benefits
A decrease in future earning capacity

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.

Pain and suffering damages include scarring, disabilities, disfigurement, and impairments. You can also receive compensation for a loss of enjoyment of life and a decreased quality of life.

Your Time To File a Brooklyn Dog Accident Claim Is Limited

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.

Contact Our Personal Injury Law Firm in Brooklyn, NY

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
(718) 802-1600

Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #1605
New York, NY 10123
(212) 564-2800