New York’s Legal Standard for Dog Bite Claims
Dog bite victims almost always have a right to recover damages from the pet’s owner.
However, an unusual combination of statutes, case law, and precedent can make it difficult for survivors to obtain significant compensation. This is because, in New York, most dog bite claims are assessed using two legal principles:
New York State’s Safety Snapshot
Almost every state in the country has seen a rise in accident rates since 2020.
New York, unfortunately, is no exception to this worrying trend. Traffic-related injuries and fatalities have surged from one year to the next, with 2022 listed as the most dangerous year for road accidents in the last decade.
Small acts of kindness can backfire.
Although it may seem unfair, gestures such as waving another motorist through an intersection can have serious, unexpected consequences.
Here’s what you need to know about waving accidents in New York:
New York’s Definition of Wrongful Death
The term “wrongful death” has a specific legal meaning.
Every state has its own definition of what constitutes a wrongful death. In New York, a wrongful death is any death caused by a “wrongful act, neglect or default.”
Understanding Emotional Distress Damages
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.
The Limitations on New York Dog Bite Claims
Dog bite claims are very different from other types of personal injury cases.
If you’ve been injured in an unprovoked dog attack, you are most likely entitled to compensation for your medical expenses. Since New York employs a “strict liability” rule for dog bite claims, you do not have to establish the pet owner’s negligence to recover most costs associated with care.
1. Understand Your Rights After a Dog Attack
Dog bite victims have a legal right to obtain compensation for their injuries, but state law could determine and limit your right to recovery. In most cases, pet owners are strictly liable for a victim’s attack-related medical expenses but may not be liable for other types of damages or loss unless they knew, or had reason to know, that their dog was dangerous.
Proving negligence is not always possible, but establishing a pet owner’s irresponsibility could significantly impact the course of the case—and the size of your settlement.
1. Follow Through on Your Doctor’s Orders
Your top priority after being attacked by a pet dog should always be your health.
Aside from obtaining a diagnosis and determining your next steps, seeing the doctor serves a critical legal purpose: it creates a paper trail, ensuring that your injuries are documented and that an insurance adjuster or defense lawyer cannot easily contest their severity.
Far too many people think that experienced legal representation always comes at an unaffordable price. However, you do not have to pay a premium for a dog bite lawyer. You may not have to pay anything at all.
Dog bite lawyers know that most clients cannot afford high hourly rates or massive flat fees. We understand that medical treatment for your injuries may be costly.
So, instead of only representing New Yorkers with big bank accounts, personal injury attorneys work on a contingency fee basis. You do not pay anything upfront and we will not send you a bill unless we win your case.
Drowning Accidents and Wrongful Death Damages
Standing in Wrongful Death Claims
In New York State, only the executor of the decedent’s estate has standing to file a wrongful death lawsuit. The executor is the person, or party, who has been nominated to initiate probate, manage estate assets, and distribute inheritances. Executors are often nominated in a last will and testament, but they may be appointed by a surrogate’s court if no will and testament was executed.
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