Dag Law Team Bites Back on Negligence
Each year, almost 5 million people are bitten by dogs in the United States. About 1,000 people visit the emergency room daily from dog bite injuries.
In the state of New York statute of limitations regarding dog bites is three years.
Dealing With Dog Bites
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.
The joke in New York with respect to 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. For example,
It is not enough to allege that the dog, by it’s breed, is considered dangerous. Hence, even pit bulls, rottweilers, etc.. get the benefit of doubt unless it can be proven that the specific dog had a vicious propensity. In New Jersey, the standard is that of “reasonable care.” Thus, 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.