Dog attacks and dog-bites are somewhat common. Usually they are not that serious. However, sometimes they can be very serious. The injuries that can sustain can require surgeries, long rehabilitation times. If you have been attacked by a dog, it’s important to contact an attorney because the attorney needs to determine whether that dog had vicious propensities. That’s one theory, and the main theory, that a claim against the dog owner, or the building in which the dog is kept, if they have knowledge of the vicious nature of the dog.
Dogs don’t get one free bite. It used to be the expression, one free bite; after that everything the dog does the owner is responsible for. Vicious propensity means the dog acts aggressively towards other animals or towards people on a regular basis, and we need to do an investigation to determine if that’s the case for this particular dog. We’ll talk to neighbors; we’ll talk to the usual letter carrier, the UPS guy, the FedEx person. We will then get records from the county to see if any prior incidence of dog bites involving this dog; get the licensing records for the dog, all in attempt to determine whether or not you have the basis for a claim to recover from the injuries you sustained from the dog.
There is also another theory, which is called breed-specific legislation, which some counties have and some villages have. There’s a local village here in lower Westchester that prohibits or puts severe restrictions on keeping pit-bulls, or a dog that is a partial pit-bull. If that animal injures someone, under the code as it’s written, the owner is responsible for that and you’ll be able to recover monetary damages. I believe the code also requires some carrying insurance if that animal is kept there. The issue with that is there may be other laws in New York State which call that local law into question. In these cases, it is important to meet with an attorney to determine whether you have vicious propensity or whether you can possibly rely on the breed-specific code section, if that’s the case.
If you are in need of legal counsel in regards to a personal injury in New York, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.