How Pit Bull Lawyers in Brooklyn Help You
The Centers for Disease Control and Prevention (CDC) estimates that 4.5 million people report dog bites annually. In addition, according to the CDC, about 800,000 dog bite victims seek medical attention. Thirty to forty people are killed each year by a dog attack. In 2020, 46 people died. Children are the most common dog bite victims.
Dog Bites By Breeds
During the last 20 years, according to the CDC, about 25 different breeds have been responsible for dog bites, with pit bulls and Rottweilers leading the pack, although more docile breeds like retrievers and hounds have also caused a dog bite injury.
Pit Bull-type dogs were believed to have committed approximately 66% of the attacks and Rottweilers about 10%, reveals CDC data.
Most recently, a Pit Bull attacked a mother and two kids, killing the children and critically injuring the mother who tried to protect her babies from the mauling.
The Cost of Dog Bite Attacks
Dog bite injuries and other dog bite-related injuries cost insurance companies about $900 million in 2021, according to the most recent statistics available. The average dog bite claim nationwide ran nearly $50,000. In 2021, according to the Insurance Information Institute (Triple-I), New York ranked fourth with the most dog bite claims. There were 900 dog bite claims in New York, with the average cost per claim at $68,203.
Injuries from a Dog Attack
A serious injury from a dog attack includes neck and back injuries, infections, broken bones, concussions and traumatic brain injuries (TBI), and rabies and other animal-transmitted viral diseases. Other injuries include torn tendons, and sprains and strains,
Who Is Responsible for a Dog Bite Injury?
Under the law, dog owners in New York may be held liable for a dog bite, regardless of a dog’s history of previous attacks or aggressive behavior. However, the circumstances surrounding the dog bite are taken into account.
Dog bite cases in New York are handled using a combination of strict liability and negligence. Even if the owner used reasonable care to restrain the pet, they or the dog’s custodian are strictly liable for medical bills resulting from an injury caused by their dog.
The concept of negligence is applied to all other expenses related to the dog bite injury. This means that the owner is only responsible if they fail to use reasonable care to warn others about the dog’s dangerous potential or protect others from harm. Because owners who know their pet has acted aggressively or attacked others in the past must use reasonable care to warn others about the danger, this negligence rule is sometimes called the “one-bite” rule.
To recover damages beyond medical bills in New York, negligence must be proven.
Can I Sue if I Am Attacked?
In almost every dog bite case involving dog-owner liability, you must demonstrate that the owner was aware of the pet’s previous behavior and risk of attack. A dog owner may be held liable for a dog bite in the following situations:
If there have been previous complaints: An owner may be held liable if others have complained about the dog’s vicious behavior, particularly if the animal is frequently violent or has previously bitten.
If the dog was taught to attack: Because the owner is fully aware that their dog is dangerous and capable of violence, a pet owner will almost certainly be held liable for any damages caused by an animal trained to attack.
If the dog has a habit of jumping on people: When owners are aware that their dogs frequently jump on people, it is their responsibility to keep their pets from jumping up and knocking people over.
If the dog has previously displayed threatening, vicious behavior: This can include situations in which a dog chases others to the point of frightening them, or barks viciously from behind a fence as if it is ready to attack.
If the dog has previously attacked: This is in accordance with the one-bite rule; it demonstrates that the owner was aware that their animal had once bitten.
Contact a Pit Bull Lawyer if You’ve Been Attacked
If a pit bull or another breed has attacked you, call the law office of Nicholas E. Tzaneteas for a free consultation. He is an experienced personal injury attorney who has worked on dog-bite cases and will discuss if and how to recover compensation. One of our practices is helping people injured by dog bites and animal attacks.
Depending on the injury and circumstances, compensation may include payment for medical expenses, physical and emotional pain and suffering, future medical costs associated with physical therapy or long-term care, temporary and permanent disabilities, disfigurement, punitive damages, and lost wages/loss of earning potential.
