Receiving a Dog Bite in NY or NJ
Dag Law Team Bites Back on Negligence
Each year, dogs seriously injure almost 5 million people in the United States. About 1,000 people visit the emergency room daily from dog bite injuries. After dealing with a traumatic attack from an animal, it is important to seek medical attention. Dog bites account for 1% of all injury-related emergency department visits in the US yearly (AAFP). An attack from a dog can lead to injury, infection, and further complications down the line. Permanent muscle and/or joint damage is possible if the injuries are severe enough. At D’Agostino & Associates, our experienced injury law team can help you bite back. Our team has been helping individuals and their families fight domestic animal bite cases for over 3 decades. It doesn’t matter how nice the dog is, any dog can bite. Roughly 1 in 5 people bitten by dogs require some medical attention, according to the American Veterinary Medical Association.
After a Dog Bite Occurs
Following a dog bite or dog attack in New York, you should:
- Cleanse the wound with soap and warm water.
- Seek medical attention.
- Notify your local animal control agency about your dog bite incident. Give as much information as you can, including, the sequence of events and any information about the dog.
- Photograph the injuries resulting from the dog attack.
- Photograph the area in which the attack occurred.
- Collect contact information from all witnesses of the dog attack.
- Do not sign anything from the dog owner, insurance company, or anyone else involved in the attack.
Dog bites can lead to serious injury and infection. According to the American Academy of Family Physicians, bite wounds are considered “grossly contaminated.” Because of this, proper medical treatment should be a priority to reduce the risk of infection or further physical damage.
“Free” Bites in New York
The joke in New York concerning dog bite cases is that every dog gets a free bite. The person attacked or bitten by a dog then has the further burden of proving that the dog had a vicious propensity and that the dog owner had prior knowledge of that dog’s vicious propensity. This means that you must show that the dog has had violent or vicious interactions in the past. Generally, this may include presenting evidence that the dog has been seen as dangerous in the past. Evidence such as neighbor testimony regarding the dog’s vicious propensity would be an example of this.
It is not enough to allege that the dog is dangerous because of its breed. Hence, even pit bulls, rottweilers, etc. get the benefit of the doubt unless your legal team can prove that the specific dog has a vicious propensity. However, these laws do not apply in all states. In New Jersey, the standard is that of “reasonable care” instead. This means that if a dog owner fails to prevent his dog from running out of the house or yard & it bites someone on the sidewalk, the homeowner may be considered negligent.
Is it Too Late to Sue?
Especially with neighbors or friends, many people may feel apprehensive about filing a lawsuit regarding a dog. In the state of New York, the statute of limitations regarding dog bites is three years. While you have years to consider your case, it is always best to act fast and consult an injury lawyer. Evidence of the attack, from witness testimony to video footage, is always easier to collect soon after. Your lawyer can help you every step of the way.
If the dog has a vicious propensity, your legal actions can prevent others from being harmed in the future. Most dog bite injury cases involve children. Even if legal action does not lead to compensation, your lawsuit can provide a record for that dog and owner. Your actions can help prevent further harm to others in your community. Your lawyer may even discover that there have been previous injury cases regarding this pet or its owner.
Empathetic and Experienced Counsel for Dog Bites
The law firm of D’Agostino & Associates is ready to help. We pride ourselves on helping our clients every step of the way. We understand that dog attacks can be traumatic and painful. Often, dog bites occur with an animal you know well, such as a neighbor’s or family member’s dog. When an attack occurs to your child, it can be emotionally devastating for the victim and their family. Our legal team works closely with our clients to ensure that they are seeking avenues of care, physical and emotional. And we fight for your right to proper compensation after such a traumatic and emotionally overwhelming incident.
In cases such as dog bites, legal counsel is also vital for dealing with insurance agencies. Insurance companies will try to avoid paying out the full value of the claim. Often, they do this by trying to shift the blame to the victim. An experienced legal team can help you fight for proper compensation from your insurance, or the insurance of the pet owner.
D’Agostino & Associates P.C. has offices in New York and New Jersey. Contact us, or call us at 1-888-245-2924 to schedule a free consultation with our personal injury attorneys.