Every state sets its own rules and expectations for pet owners.
In New York, the legal criteria for filing, fighting, and winning a dog bite claim is usually determined by a combination of the following factors:
1. Your Location: Municipal ordinances typically provide a clear and unambiguous set of rules for dog owners. These rules set requirements for pet registration, limit where dogs can go without leashes, and impose other responsibilities that could make a critical difference when assessing liability.
2. Strict Liability: Dog owners are generally liable for a victim’s medical bills, irrespective of whether their dog has a history of aggression. However, obtaining additional compensation could require evidence of a dog’s aggressive or “dangerous” tendencies.
3. The One-Bite Rule: New York employs a variant of the “one-bite rule,” which holds that dog owners cannot be held liable for certain types of noneconomic damages unless they had good reason to know that their pet could have been dangerous.
Dog bite victims have a legal right to recover certain damages from the dog’s owner.
However, the amount of compensation you can obtain often depends on whether the owner knew, or should have known, that their dog was dangerous. Proving that a dog is “dangerous” can be as simple as looking at county records, but it is usually a difficult process that requires interviews and investigations.
2. Look for the Right Kind of Lawyer
Dog bite claims can be complex, and hiring a lawyer is often a good way to protect your right to a fair recovery. However, not all lawyers have the experience to litigate a dog bite claim successfully. Many firms work in very different fields of law, from tax and corporate acquisitions to criminal defense.
Narrow your search, and prioritize attorneys who exclusively or predominately litigate personal injury and wrongful death claims. Although many other legal professionals are hardworking and highly experienced, you’ll want a lawyer who knows exactly what it takes to win a case like yours.
3. Ensure Your Attorney Has Experience with Dog Bite Claims
Since dog bite cases are often influenced by a combination of local ordinances and statewide legal theory, they can be more complex than other types of personal injury claims.
Before making phone calls or scheduling consultations, do your due diligence by:
1. Asking friends, family, and coworkers for referrals;
2. Seeing if a law firm has positive testimonials from other dog bite victims; and
3. Reviewing your lawyer’s credentials. Are they somebody who just started their practice, or do they have a decades-long career and a record of securing big personal injury settlements for their clients?
4. Ask About Fees Before Making a Commitment
Most personal injury lawyers in New York work on a contingency fee basis.
Although attorneys can set their rates, most contingency fees cannot exceed a certain percentage—typically 33.33%. However, some lawyers may charge additional fees, including:
1. Fees for filing paperwork;
2. Fees for obtaining certain types of evidence; and
3. Fees for retaining expert witnesses.
You shouldn’t have to pay a large sum out-of-pocket to hire a personal injury lawyer, but you shouldn’t hire an attorney until you know what other fees could be taken out of your settlement.
5. Schedule a Free Consultation
You don’t have to take risks when hiring a New York dog bite lawyer: contact the Dietrich Law Firm P.C. today to schedule your 100% free, no-obligation consultation as soon as possible.