The companionship of their dogs and the benefits of dog ownership to one's physical and mental health are valued by many dog owners. Injuries brought on by dog attacks are unfortunately a common occurrence in American culture. Recovery from dog bite injuries can be physically and financially taxing.
Similar to other personal injury cases, you have the right to pursue financial compensation for your losses following a dog bite injury. There are some specific laws in Queens and New York State as a whole, though, that might help or hurt your case. Due to the fact that New York's dog bite law combines elements of the one-bite rule with limited strict liability, it is referred to as a "mixed" state. The victim's medical expenses must be covered by the person who owns or keeps a dog that has been deemed "dangerous" by law. A dog bite victim must also demonstrate that the dog's owner was aware of the dog's "dangerous" nature and propensity to attack. In most instances, victims cannot recover compensation for dog bites on the basis of negligence. In essence, New York has its own laws regarding dog bites, which can determine the outcome of an injury case.
We at the law office of Brandon J. Broderick strive to provide our clients with the highest quality legal representation, as well as compassion, honesty, and respect. No retainer is required when hiring one of our Queens dog bite lawyers. We only receive payment if we are successful, so hiring us is risk-free. If we don't succeed, you owe us nothing.
Victims of dog bites who are acquainted with or related to the dog's owner may feel guilty about pursuing legal action. However, homeowner's insurance typically covers dog bite cases. Filing a claim for damages due to a dog bite does not necessarily result in the dog being euthanized. If you do not file a claim, you may be required to pay for your own medical expenses and other related damages out of pocket.
Together, we can help you recover your losses if you contact us right away. Free consultations are available by calling (877) 665-8408 to speak with an experienced Queens, New York, dog bite lawyer.
This information below discusses injuries caused by dog bites and your legal options in Queens.
- Let Us Assist You in Recovering From Your Setback
- Queens, New York Dog Bite Statute for "Dangerous Dogs"
- Dog Bites in Queens: Liability
- Case of a Dog Attack in Queens Involving Criminal Charges
- The Most Frequent Dog Bite Injuries
- How to Reduce the Risk of Dog Bites
- Do I Require an Attorney if a Dog Bites Me?
- Brandon J. Broderick Is Ready To Assist You, Please Contact Us As Soon As Possible
LET US ASSIST YOU IN RECOVERING FROM YOUR SETBACK
Make sure that both your current and future medical needs are covered.
Being attacked by a dog can be incredibly traumatic and result in severe physical and mental injuries that last a lifetime. Consider your long-term medical requirements as well as how to safeguard your legal rights. Consider your injuries' full extent and how they will affect your future financial situation as well as the rest of your life. If you have sustained a serious injury, you or a loved one should be fairly compensated. The common mistake of settling too soon should be avoided.
Highly experienced negotiators and litigators
Due to the state's dog bite laws, many dog bite victims in New York City believe they do not require legal representation. Even if liability is not contested, an insurance company may reduce your claim's value or refuse to pay all damages. If you choose Brandon J. Broderick, Attorney at Law, to represent you, we will negotiate with the insurance company on your behalf in order to obtain the compensation you are entitled to.
Allow us to be your advocate.
If you require legal assistance, Brandon J. Broderick can step in and handle the situation so you can concentrate on getting better. Our New York law firm is devoted to getting you the compensation you deserve, and we have the experience to do so. Please know that we will do everything in our power to protect your rights and will stand by your side during this difficult time.
Contact us today for a free consultation so that we can discuss your legal options.
QUEENS, NEW YORK DOG BITE STATUTE FOR “DANGEROUS DOGS”
New York has its own statutes governing the liability of dog owners in the event that their animal causes harm to others. In Queens, New York, there is a "dangerous dog" statute that holds the owner responsible if the dog injures a person, livestock, or another dog or animal. This includes both bites and non-bite injuries, such as when a dog knocks over a person.
The Definition of a "Dangerous Dog"
Under New York Agriculture & Markets Code Section 123, a "dangerous dog" is defined as a dog that:
- attacks someone, injuring or killing them without provocation. This could include another animal, such as livestock or another pet.
- exhibits behavior that leads one to believe the dog poses a "serious and unjustified imminent threat of serious physical injury or death."
A police dog acting in the line of duty would be an exception to this rule. It would be exempt from the definition of "dangerous dog" in the law.
DOG BITES IN QUEENS: LIABILITY
Owners of "dangerous dogs" in Queens are "strictly liable" for any medical costs resulting from injuries caused by their pets. As a result, if the dog is deemed "dangerous," the owner is liable for the victim's medical expenses, which could include vet bills for any injured livestock or pets. Even if the owner took precautions to prevent the animal from attacking, they are still liable.
If an injured party wishes to seek additional compensation for a dog bite or attack, they must first demonstrate that the dog's owner was negligent. Essentially, the injured party must demonstrate that the dog's owner failed to exercise reasonable care in preventing the incident that resulted in their injury, whether this means failing to control or restrain their dog.
Every case is different, so a Queens dog bite lawyer like Brandon J. Broderick can help you determine whether you can seek damages beyond medical costs. They will know if you can make a case that the dog owner was negligent and owes you damages.
Even if their dog bit you or caused you harm, the owner can avoid liability in some cases. Some of these include:
- Because the dog was a working police dog, it did not meet the statutory definition of "dangerous dog."
- The dog attacked while defending its home from someone who was trespassing or breaking the law on the property.
- When it injured someone, the dog was in pain or suffering.
- Someone provoked the dog by torturing, abusing, or assaulting it prior to the bite or attack.
CASE OF A DOG ATTACK IN QUEENS INVOLVING CRIMINAL CHARGES
In some jurisdictions, the owner of a dog that attacks a person in Queens, New York, may be prosecuted criminally. Section 123 of the New York Agriculture and Markets Code allows for the filing of charges if:
- The dog is classified as a "dangerous dog."
- The owner is negligent in permitting the dog to bite a person
- The dog attack caused a "serious injury" to the victim.
Death, significant disfigurement, "prolonged impairment," and the loss of any body part or organ constitute "serious injuries." Despite the owner's best efforts to keep the animal under control, the owner may be charged with a misdemeanor if a dog attack results in a fatality. Any dog owner facing criminal charges for a dog bite may also face civil liability if the victim chooses to file a civil suit.
THE MOST FREQUENT DOG BITE INJURIES
Depending on the severity of the bite, a dog bite victim may sustain anything from a minor injury, such as a scratch or scrape, to a life-threatening injury that may require months or even years of medical treatment. Extremely young children and the elderly are especially at risk for fatal dog bite injuries.
Dog bites typically cause injuries to the face, hands, and feet. There is a high likelihood of bone fractures and ligament tears, all of which can necessitate extensive or even repeated surgical procedures to correct. As a result of the impaired blood flow to the extremities, infections and sluggish healing may occur.
In cases of extremely severe dog attacks, avulsions, amputations, and nerve damage are all potential injuries. Extreme trauma may leave the victim with a permanent or long-term disability.
The most dangerous thing for dog bite victims is the infection that develops at the site of the bite. Capnocytophaga is a type of bacteria commonly found in the mouths of dogs and animals that resemble dogs. The bacteria appear to be harmless to animals, but they can cause severe infections and even sepsis in humans. The mouths of dogs are a breeding ground for a variety of human-transmissible pathogenic bacteria.
HOW TO REDUCE THE RISK OF DOG BITES
Any dog is obviously capable of biting, so you should never be overconfident around animals, even those you know well or those of friendly breeds. Any dog, regardless of breed, is capable of biting and often does so in self-defense or in response to something. The three most effective means of protection against dog bites, according to the American Veterinary Medical Association (AVMA), are education, responsible pet ownership, and avoiding unsafe situations. Always having an adult present during interactions between children and dogs is one of the most important ways to prevent serious dog bites.
It is crucial to know what to do and what not to do in the aftermath of a dog bite. In addition, proper pet care and education are essential. One of your initial responsibilities as a dog owner is to choose a dog that will thrive in your home and neighborhood. Learn how to properly train and socialize your dog to reduce the likelihood of an attack.
After a number of years together, you and your dog may discover that you have distinct needs. The increase in dog bite injuries and subsequent puppy boom that followed the coronavirus outbreak is one such occurrence. If your dog has not been socialized in a while, it is vital that you remain informed about methods for reintroducing him or her to society.
Before seeking medical attention, victims of dog bites must immediately wash the affected area with soap and warm water. Please report the dog attack to the proper authorities or your local animal shelter. Consult with an experienced Queens dog bite attorney who can advise you on what to do if you have been injured and require medical care.
DO I REQUIRE AN ATTORNEY IF A DOG BITES ME?
Hiring an experienced Queens dog bite lawyer can significantly improve your chances of recovering damages. Even when fault is obvious, insurance companies will occasionally underpay or refuse to pay claimants. A lawyer has the necessary knowledge and experience to handle negotiations and communications with insurers on your behalf. A personal injury attorney's fees are only payable if the client prevails in court.
BRANDON J. BRODERICK IS READY TO ASSIST YOU, PLEASE CONTACT US AS SOON AS POSSIBLE
It is not uncommon for dog attack victims to sustain psychological and permanent physical injuries. At Brandon J. Broderick, Attorney at Law, we value the well-being of our clients. We strive to provide our clients with the highest quality legal services possible, so that you can focus on your family and recovery while placing your faith in our legal team to secure a positive outcome.
No retainer fees are required by our Queens dog bite attorneys. We are only paid if we deliver a successful resolution. If you do not file a claim, the insurance company may offer you a very small settlement that will not even cover your basic needs. Contact us immediately so we can assist you in recovering the losses and damages to which you are entitled.
We serve the entirety of the state of New York, as well as New Jersey, Connecticut, and the surrounding states. If you need assistance, we are here to help.