Photo by Robert Gramner on Unsplash
New York City (NYC) is home to an estimated 500,000 dogs. From 2007 to 2014, there were an average of 6,028 emergency department (ED) visits and 315 inpatient hospitalizations for dog bite injuries among NYC residents each year. Although many dog bite injuries may not be categorized as severe, it is important to recognize that a significant number of them still lead to adverse outcomes such as missed work, medical expenses, and personal suffering.
Can a Person Recover for Injuries Caused by a Dog Bite?
If you find have been harmed by a dog bite, you have recourse under New York’s Dangerous Dog Statute, which offers protection to individuals who have suffered injuries due to a “dangerous dog.” This statute serves as a legal framework to address incidents involving aggressive dogs, providing avenues for seeking justice and compensation for the injuries sustained.
A “dangerous dog” is one that has:
- attacked and injured or killed a person, farm animal, or pet without justification, or
- behaved in a way that would make a reasonable person believe the dog poses a serious and unjustified imminent threat of serious physical injury or death.
Liability Under New York’s Dangerous Dog statute
For dog bites and other dog-caused injuries, New York employs a combination of strict liability and negligence. For medical expenses incurred because of a “dangerous dog” bite, the dog’s owner or caretaker is “strictly liable,” even if he or she took reasonable care to contain or manage the dog.
For all other all other expenses related to a dangerous dog bite, New York State follows the negligence approach or the “one bite rule.” This means that a dog owner or caretaker will be held responsible for damages resulting from a dog bite only if they fail to exercise reasonable care in managing the dog or fail to take necessary precautions to warn others about the dog’s harmful tendencies. In such cases, the owner or caretaker is expected to fulfill their duty to prevent harm and ensure the safety of others.
Liability Coverage
Personal liability coverage and medical payments coverage, which are typically included in a homeowners insurance policy, may provide financial protection for injuries, legal expenses, and hospital bills resulting from a dangerous dog bite. However, it is important to note that not all home insurers offer coverage for dog bites. Whether or not a person is covered depends on several factors, including their insurance company, the specific policy coverage they have, their location, and even the breed of their dog.
What to do if You Have Been the Victim of a Dog Bite?
Any person who witnesses/experiences an actual or potential attack on a person, companion animal, farm animal, or domestic animal is encouraged to report the attack. If you would like to make a complaint, you should contact the local dog control officer or police officer.
If you or a loved one has recently experienced a dog bite you may have a possible personal injury claim. You need to call an experienced Personal Injury Attorney. You will need an attorney who knows how to evaluate your claim to determine if it is covered by New York’s Dangerous Dog Statute. The attorneys at Shalom Law can do just that. We are prepared to fight hard for you to ensure your rights are protected and you receive the maximum compensation you deserve.
Call us today for a free consultation: (718) 971-9474.