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What damages can a dog attack victim collect in New York?
A terrifying dog attack has resulted in injuries to two people, including a one-year-old child. News sources report that a loose dog started attacking a one-year-old child. Some good Samaritans rushed over and attempted to pry the dog away from the child. At least one of the rescuers was bitten as he worked to free the child and contain the dog. Police officers arrived and transported the dog to the animal shelter, while the victims were brought to the hospital. Investigations are still ongoing, but police have confirmed the owner of the dog was identified.
Liability for Dog Bites in New York
New York law will hold dog owners responsible for the damages inflicted by their dogs under certain circumstances. Per the law, the owner of a dangerous dog will be strictly liable for the damages caused by the attack. Strictly liable means that the victim will not need to prove negligence by the owner to recover damages. A dangerous dog is one that injures or kills a person or animal without justification. Alternatively, a dangerous dog is one that behaves such that a reasonable person would believe the dog poses a serious threat of severe injury or death.
Other dog bite cases will fall under the rule of negligence, which is referred to as the one-bite rule. Owners will be liable for injuries caused by their dogs if the victim can show the dog is vicious or the owner knew or should have known that the dog was vicious. Evidence of a bite history or aggressive behavior on the part of the dog will generally suffice.
Damages in a NY Dog Attack Case
Dog attacks can leave the victim with serious injuries which can be quite costly. A dog bite victim will incur medical fees, including hospital fees and prescription drug costs. The attack may also lead to lost wages and potentially long term loss of earning potential, depending on the severity of the injuries. Dog bite victims may further seek compensation for their pain and suffering as well as their ongoing disability. These damages can climb into the tens or hundreds of thousands if the victim was seriously injured in the attack. Contact a dog bite injury attorney for an analysis of your potential personal injury case. « Good Samaritans Save Woman Trapped Under an SUV After NYC Crash