Dog bites occur frequently. In the United States, there is 4.5 million dog bite victims each year, though only a few have filed and litigated their claims for injuries. In New York City alone, there are over 500,000 dogs. Although the vast majority of these dogs are not dangerous, dog bites are still quite common. If you have been bitten by a dog, consult with a dog bite lawyer to know your remedies. Dog bite lawyers will accept your case on a contingency basis, especially when your injury is severe and the dog owner has a homeowner’s insurance policy.
If a dog bites you, the dog owner is strictly liable to pay for your medical bills associated with the dog bite, if the dog is a vicious dog. This strict liability means that the dog owner has to pay your medical bills, whether or not he was negligent. The gravamen of the offense is the knowledge of the dog owner that the dog was possessed of vicious or mischievous propensities. Nardi v. Gonzales, 165 Misc.2d 336 (1995).
A vicious dog is a dog that has a vicious propensity, i.e., a dog with a tendency to do an act that might endanger another. Usually, vicious propensity can be found when a dog previously attacked and injured or killed a person, pet, or farm animal without justification, or currently behaves in a way that would cause a reasonable person to believe that the dog poses a serious and unjustified risk of serious injury or death.
If you want to recover additional damages in excess of your medical costs, such as emotional distress or lost wages because of your medical condition, you need to show negligence, such as:
Most dog bite victims don’t file claims against the dog owners because these dog owners are usually their friends, their neighbors, or a distant family relative. However, you should not let this relationship get in the way of receiving compensation for your injuries. Most dog bites will be covered by the homeowner’s or renter’s insurance policy. Your dog bite lawyer will likely negotiate with the dog owner’s insurance company and not with the dog owner himself. Usually, dog bite lawyers will accept your case on contingency if the dog owner has appropriate insurance that will cover the claim. If there is no insurance coverage, making your claims may be expensive and illusory.
When you have been bitten by a dog, it is important to do the following things to ensure that you are successful in your claim with the insurance company:
The most common person liable for a dog bite is the dog owner. The dog custodian, the person in control of the dog at the time of dog bite, if different from the dog owner, can also be liable for the medical bills of a dog bite victim of a dangerous dog.
The landlord or property owner may be held liable to a dog bite victim for an attack made by a tenant’s dog under premises liability if the landlord had notice of the dog’s presence on the property, its viciousness, and that the landlord had control of the premises or the capability to remove or confine the dog. Amell v. O’Leary, 2007 NY Slip Op 31934 (2007).
You can claim economic and non-economic damages for a dog bite.
Economic damages refer to the actual costs you incurred to heal and restore your body from a dog bite, such as medical costs, transportation costs to the hospital, loss of income in the past, loss of the ability to earn money in the future, counseling expenses, and other out-of-pocket costs that you incurred because of the accident.
Non-economic damages are intangible in nature and refer to mental anguish and suffering, humiliation due to a scar caused by the dog bite, or loss of quality of life.
In exceptional cases, you may be able to also get punitive damages.
A dog owner can raise several defenses in a claim for damages arising from a dog bite. The most common defenses of a dog owner against a dog bite victim are:
When you have been bitten by a dog, your dog bite lawyer will assess your situation using two scenarios: whether you can claim from the dog owner’s insurance or not.
When the liable party has insurance (usually homeowner’s or renter’s insurance), you can file a claim with the insurance company. File your claim as soon as you can, but do not settle until you are sure about your damages. A settlement will preclude you from getting more, even if your dog bite later turns more grave or fatal and will require more medical attention and costs.
Getting a lawyer to file your claim is advisable because studies show that insurance company offers more to those claimants who are represented by lawyers. A lawyer will also be able to gather the correct documentation to ensure that you have a strong case.
The dog bite lawyer will also know whether the insurance company’s offer is too low or within the standard. If it is too low and does not even cover your medical costs, you may have to sue. Usually, after suing, parties will settle rather than go through the expensive process of discovery and trial.
In this case, the process will take between two to eight months, depending on the complexity of the case, the skills of your dog bite lawyer, and the congestion of the caseload in the courthouse.
When the liable party has no insurance, you only have three options: to settle, to be reimbursed for your actual costs, or to file a case. Dog bite lawyers will usually not accept a case on contingency if the claim is not covered by insurance.
In this case, you will have to weigh the pros and cons, including the costs of filing a lawsuit. You will have to determine whether the liable party can afford to pay the damages when a court awards it in your favor. When you receive money judgment, you can request for garnishment from the liable party’s wages or request his bank account to be frozen. But legal costs can also be expensive. For this reason, it is important to weigh and calculate your options.
When you have sustained serious injuries in a dog bite, you need to consult with a dog bite lawyer immediately. These serious injuries are: bite to the face, bite to the genital area, bites that require stitches, bites that caused a broken bone, bites that resulted in significant tissue injury, bites that required an overnight stay in the hospital, bites that resulted to brain trauma, bites that caused a permanent bruise, or bites that caused a visible, significant scar.
The dog owner can also still be liable if the dog bite victim is not a person but a dog. Nardi v. Gonzales (supra). Damages may be computed differently, and certain damages cannot be claimed, such as lost wages.
You usually have 3 years from the time of injury to file a lawsuit against the liable party. Despite this prescribed period, you don’t need to wait long to file your claim. The earlier you file your claim, the better. The memories are fresh in your mind and in your witnesses’ minds about how the dog bite incident happened.
Dog bites can result in serious physical injuries. It is important to consult with a dog bite lawyer so he can evaluate your case and provide advice on your possible remedies. Should you need assistance, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].