If you have been injured in a dog attack that was not your fault, you could be entitled to significant compensation for your injuries.
Although every case is unique in its circumstances, many victims can obtain relief for emotional distress. In the context of a dog bite claim, the term “emotional distress” refers to the psychological impact of a traumatic event or physical injury.
Emotional distress can manifest in a variety of ways. Common types of emotional distress include, but are not limited to, the following:
1. Anxiety;
2. Depression;
3. Post-traumatic stress disorder;
4. Phobias, including a newfound fear of dogs; and
5. Panic attacks, including panic attacks triggered by the presence of unfamiliar dogs.
New York has no caps or limits on emotional distress damages.
However, to obtain compensation for emotional distress, you must overcome the limitations posed by New York’s one-bite rule for dog bite claims.
Dog Bite Claims Have Big Limitations On Emotional Distress Damages
You should never have to pay out-of-pocket for the costs of an unprovoked dog attack.
However, state law can make obtaining compensation beyond certain limits difficult. In general, pet owners are almost always strictly liable for victims’ medical expenses. This holds true even if the pet owner never had any reason to suspect that their dog could be dangerous.
Although pet owners do not have to prove negligence to recover their medical costs, they cannot recover damages for emotional distress unless they prove that the owner was negligent. This is because New York employs a variant of the “one-bite rule.”
Under the one-bite rule, a pet owner is not responsible for damages such as emotional distress, pain and suffering, and disfigurement unless the victim has evidence that the dog was dangerous.
The Importance Of Proving That A Dog Was “Dangerous”
New York employs a modified version of the one-bite rule, allowing victims to argue that a dog is dangerous even if it never bit another person.
To prove that a dog was dangerous, you must submit evidence showing:
1. The dog previously attacked another person, pet, or companion animal without provocation;
2. The dog has a history of behaving in a manner that a reasonable person would believe presents a serious risk of injury to another person or another pet;
3. The dog has previously attacked and killed a service dog, guide dog, or hearing dog.
How To Obtain And Present Evidence Of Emotional Distress Damages
If you believe you could be entitled to damages for emotional distress, you must collect two types of evidence. These include:
1. Evidence of emotional distress. In New York, courts cannot award compensation for non-economic damages like emotional distress unless you have provided evidence of injury and loss. Evidence for emotional distress damages could include an opinion from your psychiatrist, testimony from friends and family, as well as excerpts from your own pain diary or recovery journal.
2. Evidence of the dog owner’s negligence. You must prove that your claim meets the “one-bite rule” criteria by providing evidence of the dog owner’s negligence and the dog’s dangerous tendencies. Evidence of negligence could include testimony from the dog owner’s neighbors, a statement from another bite victim, or reports filed with your county’s animal control department.