When you get bit by a dog the first thing on your mind is probably seeking medical attention and ensuring your health is okay. However, once the shock and immediate pain wears off you may start to think about logistics. Medical expenses and time taken off work can add up to create debts and expenses that you can’t afford. Speak with a Long Island personal injury lawyer to learn how you can obtain compensation after a dog bite in New York.
Does New York Abide By the One-Bite Rule?
The one-bite rule is a standard that several states uphold. Essentially, a dog owner will not be found liable for the first time their dog bites someone or causes harm. This rule is based on the fact that it could be considered unfair for the owner to be responsible for the injury when they were unaware of their dog’s ability to be violent or aggressive.
New York does consider the one-bite rule but combines the standard with a strict liability rule as well. In New York, the one-bite rule may apply to most pets, but the owner of a “dangerous dog” may be held strictly liable for all damages regardless of whether or not it is the first time they have attacked. A “dangerous dog” is one that attacks and injures a person or other animal with no valid reason or who behaves in a way that poses a serious physical threat to others.
Generally, the one-bite rule applies, but if there is a reasonable belief that the dog could become dangerous then the owner could face legal responsibility.
How Can I Obtain Compensation?
If your injuries are serious enough, you may wish to file a lawsuit or claim against the dog’s owner to receive compensation. You can do this by speaking with a skilled attorney. Obtain legal counsel for a better understanding of how to initiate proceedings after a dog bite. To successfully receive compensation you must be able to prove the following.
- The person you are filing against is the dog’s owner
- The dog is a dangerous dog, according to New York law
- You did not provoke the dog in any way
- Your injuries and damages occurred as a direct result of the bite
You will need enough evidence to prove these points. Consider looking into adoption records, eyewitness testimony, medical records, and more. If you can prove the above during your claim or lawsuit then you may be entitled to compensation for your expenses.
What Damages Can I Recover After a Dog Bite?
Much like a car accident, you can recover damages for nearly any expense that was incurred after the dog bite. The following are generally compensated during a lawsuit or claim.
- Medical expenses
- Future medical expenses like reconstructive or cosmetic surgery
- Pain and suffering
- Loss of wages
The amount of money you receive from a settlement will vary depending on the severity of your injuries, how long you were out of work, the amount of expenses you incurred, and the pet owner’s insurance provider.