When vicious dogs attack, the results can be devastating. The tearing off of tissues from the face, torso, or extremities is excruciatingly painful and usually leaves visible jagged scars that can destroy a person’s self-esteem and instill a debilitating fear of animals. The legal rules concerning whether a dog owner is responsible for the canine’s attack are not cut an dry, and must be deftly navigated by an experienced lawyer. We have the necessary experience. If a dog has hurt you or a family member, contact us to discuss your rights to money compensation right away!
Statistics show that each year, millions of people are bitten by dogs, including dogs they know, like a friend’s pet. Tragically, the victims of these attacks are more often than not young children, whose innocence and inexperience leads them to interact with potentially dangerous canines—and their careless owners!—in a manner that exposes them to life changing injuries and possibly death.
In the tragic event that you, a child or other family member has been attacked, bitten, and injured by a dog, you will need representation by a seasoned attorney to determine the owner’s neglect and the offending dog’s history of demonstrated vicious propensities. Contact us now!
Causes and Factors of Dog Attacks
Generally, to prove that a dog owner was negligent and at fault for his/her dog’s attack against a child or adult, it must be proven that the owner knew or should have known that the dog had a tendency to bite. In plain English, the owner must have had reason to believe that even if the dog or owner is not clearly threatened, the dog would possibly attack. Factors that may provoke a dog attack, include:
- Prior abuse of the dog by its owner
- Improper training or disciplining of the dog by the owner
- Approaching the dog from its side or rear
- Approaching or gesticulating at the owner (which the dog may interpret as a threat)
- Running toward the dog (as excited children are wont to do)
- Staring at the dog’s eyes
- Trying to hug, kiss, or pick up the dog (especially in the case of little dogs)
Even adults and children who exercise proper caution around a distempered dog are not always safe from an unprovoked attack. Ultimately, it is the dog’s owner, who knows the dog’s history and tendencies around friends and strangers alike, who must act with caution and care to prevent an attack against innocent people.
If a dog owner has failed in its obligation to prevent its canine from attacking, and you have been hurt as a result, call us now to protect your rights to money compensation for your pain, suffering, and economic loss.
Proving The Dog Owner’s Fault
New York has adopted the “one free bite” rule of law, under which (generally) a dog owner may be free of legal responsibility for injuries his dog causes, if the dog did not previously bite or otherwise demonstrate “vicious propensities” that would lead the owner to believe the dog would bite an innocent child or adult. It is therefore imperative that you retain a knowledgeable and experienced Brooklyn attorney to prosecute your dog bite case.
We have the resources and know-how to investigate all of the relevant factors that can establish a dog owner’s legal liability for the dog bite injuries suffered by you or your family member. Although every case is different, our office immediately gets to work in investigating what the dog’s owner should have known about its dog’s vicious tendencies, including:
- Interviewing the dog owner’s neighbors to inquire about the dog’s prior behaviors
- Surveillance after the attack to determine how the dog is treated (chained, free to roam, disciplined)
- Obtaining veterinarian records to determine the types of medical conditions, treatments, or temper the dog was previously diagnosed as having
- Researching prior complaints against the owner regarding his treatment of the dog or the dog’s disturbance of the peace
- Research into whether the dog was adopted and, if so, the circumstances of the adoption
- Expert analysis of the breed of dog and any genetic and statistical correlations between the breed and its tendencies to attack
Although it may seem pretty obvious that when an unprovoked dog attacks an adult or child, the owner should be responsible for the resultant injuries, New York law allows dog owners and their insurer’s to deny responsibility by claiming that they had no idea the dog would attack. Therefore, you need a Brooklyn lawyer who has in-depth experience with these type of cases. You need Law Office of James Trainor, P.C.! Call today!