Tips To Maximize Your Dog Bite Compensation In New York
April 15, 2021
A dog bite can lead to various complications and cause you thousands of dollars in losses. In many cases, the dog owner should compensate you for the damages. However, you will have to work smart to get all the damages you deserve. Below are some tips to help you maximize your compensation.
Understand New York Dog Bite Laws A careful look at New York dog bite laws shows it to be a hybrid between the strict liability and one-bite rules other states have adopted. The conventional strict liability law makes dog owners automatically liable for their dog's actions, irrespective of negligence. The conventional one-bite rule makes dog owners liable for their dog's actions only if they have a proven propensity for attack (such as a single bite incident).
For NewYork laws, strict liability only applies to medical and veterinary bills. In addition, you must prove that the dog is dangerous. A dog is dangerous if:
In such a case, if the dog bites you, the dog owner pays for your medical bills without regard to their negligence. If the dog attacks your dog (or any other pet), the dog owner pays the veterinary costs irrespective of their negligence.
However, medical and veterinary costs aren't the only damages in dog bite cases. Other damages include:
You must prove the dog owner's negligence to get compensation for any of these damages. Proving the dog owners' negligence requires you to prove that:
Thus, proving that a dog is dangerous won't compensate for all damages related to the attack. You must prove the dog owner's negligence.
Minimize Your Role in the Attack If you want to use negligence for your dog bite case, the dog owner may claim that you did something to encourage the attack. For example, the dog owner might claim that:
Note that New York uses comparative negligence law, which reduces your damage recovery in proportion to your contribution to the injury. Thus, you must refute the dog owner's claims to win full compensation.
Mitigate Your Damages Lastly, you have a duty to mitigate your damages from the moment of the attack to the moment you get your compensation. If you do something to make your injuries worse or fail to do something that could have minimized the effects of the dog attack, then the dog owner won't beliable for the additional damages.
For a dog bite case, damage mitigation mainly means seeking prompt medical care and following your physician's advice to the letter. For example, you should:
In short, you want the dog owner, court, and jury to know that you did everything possible to accelerate your wound's healing.
In addition to the tips above, an experienced lawyer's input will also help your case. Contact Schonberg Law Offices of the Hudson Valley, P.C. to evaluate your case and help you fight for the damages you deserve. You can rely on our skills and experience from over 30 years of representing those unjustly injured.
Understand New York Dog Bite Laws A careful look at New York dog bite laws shows it to be a hybrid between the strict liability and one-bite rules other states have adopted. The conventional strict liability law makes dog owners automatically liable for their dog's actions, irrespective of negligence. The conventional one-bite rule makes dog owners liable for their dog's actions only if they have a proven propensity for attack (such as a single bite incident).
For NewYork laws, strict liability only applies to medical and veterinary bills. In addition, you must prove that the dog is dangerous. A dog is dangerous if:
- It has a history of attacking, injuring, or killing a person or animal
- Its behavior indicates that it can cause unjustified and imminent injury or death to another person or animal
In such a case, if the dog bites you, the dog owner pays for your medical bills without regard to their negligence. If the dog attacks your dog (or any other pet), the dog owner pays the veterinary costs irrespective of their negligence.
However, medical and veterinary costs aren't the only damages in dog bite cases. Other damages include:
- Lost wages
- Pain and suffering
- Household expenses (if you are unable to do your chores)
You must prove the dog owner's negligence to get compensation for any of these damages. Proving the dog owners' negligence requires you to prove that:
- The dog attacked you
- The dog has a dangerous propensity
- The dog owner knows about the dangerous propensity
Thus, proving that a dog is dangerous won't compensate for all damages related to the attack. You must prove the dog owner's negligence.
Minimize Your Role in the Attack If you want to use negligence for your dog bite case, the dog owner may claim that you did something to encourage the attack. For example, the dog owner might claim that:
- You assaulted the dog
- You approached the dog in a threatening manner
- You were trespassing on their property
Note that New York uses comparative negligence law, which reduces your damage recovery in proportion to your contribution to the injury. Thus, you must refute the dog owner's claims to win full compensation.
Mitigate Your Damages Lastly, you have a duty to mitigate your damages from the moment of the attack to the moment you get your compensation. If you do something to make your injuries worse or fail to do something that could have minimized the effects of the dog attack, then the dog owner won't beliable for the additional damages.
For a dog bite case, damage mitigation mainly means seeking prompt medical care and following your physician's advice to the letter. For example, you should:
- Take all the drugs your physician may prescribe.
- Observe wound hygiene and care as the physician may advise.
- Avoid home remedies in place of conventional medical care.
- Get all treatments, for example, skin grafting surgery, if your doctor advises it.
In short, you want the dog owner, court, and jury to know that you did everything possible to accelerate your wound's healing.
In addition to the tips above, an experienced lawyer's input will also help your case. Contact Schonberg Law Offices of the Hudson Valley, P.C. to evaluate your case and help you fight for the damages you deserve. You can rely on our skills and experience from over 30 years of representing those unjustly injured.
Get expert advice from Schonberg Law Offices in Middletown, NY. Contact a personal injury attorney today to ensure you get the compensation you deserve.
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