Staten Island Dog Bite Lawyer
Following an Animal Attack in New York, Call Our Staten Island Dog Bite Lawyer for Immediate Help
Dog bites are a serious concern for many people, whether they’re dog owners, frequent park-goers, or simply people who commonly encounter dogs in their daily lives as they walk on the street to work, stores, restaurants, or for exercise. Although dogs are often considered man’s best friend, our Staten Island dog bite lawyer knows that the truth is that this is not always the case. According to statistics, there are approximately 4.5 million dog bites in the United States each year with roughly 20% requiring medical attention. Children are the most common victims of dog bites, with the highest incidence rate amongst children under 9 years of age and the highest rate of more severe bites to children under 5 years old. These dog bites have resulted in over $1.1 billion in claims paid out to victims and their families, which is a shocking figure.
More locally, New York ranks seventh for the state with the most total dog bites in the United States, and sixth according to U.S. Post Office statistics. Closer to our area in New York City, Staten Island statistically ranks the highest out of all boroughs for dog bites and animal attacks, with an incident rate between 78.2 and 136.5 bites per 100,000 people. This figure has actually been higher in prior years for Staten Island, recording over 200 bites per 100,000 people.
Here at O’Connor Personal Injury Law Firm, our experienced Staten Island dog bite lawyer knows that these statistics are only the tip of the iceberg. That’s because these are only medically reported cases, and not every dog bite that occurs. Sometimes this is because victims do not know that they may be entitled to compensation, whereas other times there are unsure who to report a bite to – especially if a defendant runs away with the dog. However, that does not mean that you and your family cannot still recover compensation. To learn more about your rights under the law, contact us today to schedule a free consultation.
Misconceptions About Dog Bites in New York
It is important to realize a few important concepts about dog bites in New York. Unfortunately, insurance adjusters and defense lawyers often push these misconceptions to force victims to settle their cases for less than they are worth – or even agree to not take any money at all. This can be a huge mistake.
Some of the most important misconceptions that our Staten Island dog bite lawyer wants you to know include the following:
The One Bite Rule is a Misnomer
Some people may have heard that a dog in New York gets “one free bite.” That can be true, but it is not exactly true. New York law is based on whether an owner knew or should have known that his or her dog had vicious propensities or a proclivity to cause harm. This comes from a decision from the highest court in New York, the Court of Appeals, which expressly held in Collier v Zambito that owners do not get “one free bite” if they observe dangerous behaviors in their dogs that could cause injuries to others.
Although a prior bite is notice, other behaviors such as growling, snapping, baring teeth, and being trained as a guard dog could all put a dog owner on notice that their dog could cause injuries to another person. Thus, even if a dog has not bitten someone before, a dog owner could still be liable for a first bite.
Breed Alone Does NOT Matter
Although pit bulls get a bad reputation, the truth is that any breed of dog could cause a vicious dog bite that results in serious or life-changing or even life-threatening injuries. That includes even the smallest of pups and breeds, including pocketbook-sized pets that sit in bags. There are no pets that are immune from creating liability for an owner.
Indeed, according to a decision from the New York Court of Appeals in Bard v Jahnke, breed alone was insufficient to establish vicious propensities in an animal – it was all based on the conduct of the animal. In Bard, the case involved a young, breeding bull that had previously and always been docile, but one day attacked a farm worker. The court rejected the notion that the breed of any animal automatically created liability, which has been routinely applied to dogs.
Strict Liability for Damages
In New York, dog owners are strictly liable (automatically liable) for dog bites when they have knowledge of their dog’s vicious propensities before a bite. There are very few defenses to this, including when a young child is bitten because he or she may have antagonized the dog. The rationale being that the dog should not have been allowed to have been that close to the young child in the first place.
Common Injuries from Dog Bites in New York
Our Staten Island dog bite lawyer knows that dog bites can result in a wide range of injuries, varying from minor to severe, to even life-threatening. Some of the most common injuries from dog bites include the following:
- Puncture wounds – dogs’ teeth can easily puncture the skin, potentially leading to deep tissue damage
- Lacerations and tears – more severe bites can cause significant tearing of skin and muscle tissue
- Crush injuries – large or powerful dogs can exert tremendous force with their jaws, potentially crushing bones or causing severe tissue damage
- Infection – dog bites carry a high risk of infection due to the bacteria present in a dog’s mouth
- Rabies – although rare in domestic dogs due to state and local laws, rabies remains a concern, especially with bites from unknown or stray dogs, but also from owners who are neglectful or abusive
- Scarring and disfigurement – severe dog bites, particularly to the face or other visible areas, can result in permanent scarring
- Nerve damage – deep bites can damage nerves, potentially leading to loss of sensation or function in the affected area
- Psychological trauma – beyond physical injuries, dog bite victims often experience emotional distress, fear of dogs, or post-traumatic stress disorder (PTSD)
- Broken bones – dogs are incredibly strong, even little dogs or puppies, and they can cause broken bones or fractures very easily
- Separations and dislocations – dogs will instinctively shake their heads when they bite, causing joint separations and dislocations that result in serious injuries that could be permanent or require surgery to repair
- Amputations – believe it or not, a dog’s teeth (especially the back teeth) can sheer a finger off easily, especially for a child, and cause catastrophic digit or limb damage
- Wrongful death – the most vicious of dog attacks can result in catastrophic or fatal injuries, resulting in burial costs, funeral expenses, lost income support, and other damages; and
- Other personal injuries due to animal attacks that our Staten Island dog bite lawyer can handle for you and your family.
Bitten by a Dog in Staten Island? Here is What to Do After a Dog Bite
No one plans to be bitten by a dog, but you can have a plan in case you are attacked. Some of the best steps to take if you or someone you know has been bitten by a dog include the following:
- Seek immediate medical attention: Even if the bite seems minor, professional medical care is essential to clean the wound properly and assess the need for treatments such as antibiotics or rabies prevention. That’s because there is a very high risk of infection with any animal bite, especially with dog bites.
- Identify the dog and its owner: If possible, get the contact information of the dog’s owner and details about the dog’s vaccination history.
- Report the incident: Contact your local animal control agency or police department to report the dog bite. This creates an official record of the incident and you should also document your injuries and get them treated by medical providers.
- Take a photograph of the dog and the owner: Take clear photographs of the dog to help identify it later, and you may also want to take photographs of the owner or handler in case there are issues identifying them later – but only do this if it is safe and the other person does not get agitated about it.
- Gather witness information: If anyone witnessed the incident, collect their contact information for potential future reference, including their phone number, email, address, and any other information that may be helpful.
- Avoid communicating with the dog owner’s insurance company until you have contacted a Staten Island dog bite lawyer: They may try to minimize your claim or trick you into admitting fault, liability, or that your injuries are not nearly as bad as they are – even when it is clear that your injuries are severe. It’s best to consult with a lawyer before giving any statements.
- Keep a journal: Document your recovery process, including pain levels, medication, and how the injury affects your daily life. It is helpful to also keep a record of all doctor appointments you have, including date, time, location, doctor, and then after the visit write up a summery for yourself.
- Consult with a Staten Island dog bite lawyer: An experienced dog bite lawyer like ours at O’Connor Personal Injury Law Firm can help protect your rights and guide you through the legal process if you decide to seek compensation for your medical bills, lost wages, and conscious pain and suffering.
If You Have Medical Bills, Lost Wages, or Pain and Suffering After an Animal Attack in New York, Call Our Staten Island Dog Bite Lawyer Today
Dog bites are traumatic experiences, especially for young children. The physical and emotional injuries can last a lifetime and the financial repercussions can be quickly overwhelming for a family. Do not let that happen to you. Contact our experienced Staten Island dog bite lawyer at O’Connor Personal Injury Law Firm to learn more about your legal rights to compensation. We offer free consultations and case evaluations, and we only get paid after you get paid. To get started, call us today by dialing (866) 927-3809 or by sending us an email through our “Contact Us” box available here.