Dog Bite and Attack Lawyers
Call (631) 250-4212 Today for a Free Consultation
Dog bites are highly susceptible to infection. If you’ve been bitten by a dog, get immediate medical attention to determine whether or not you may have been exposed to tetanus as a result. Then, contact a Long Island dog bite attorneys at The Odierno Law Firm, P.C. for the legal representation you need.
Why Hire Us?
- Millions of dollars were recovered in compensation for clients
- If we don’t recover compensation, you don’t pay us a penny
- More than 150 years of combined experience
The Odierno Law Firm P.C. has decades of experience spanning multiple generations. Our legal team is more than qualified to obtain maximum results for your dog bite claim.
Call (631) 250-4212 Today to Schedule Your Free Case Review
I’ve Been Attacked By Someone Else’s Dangerous Pet. What Now?
The first and most important step is to get medical attention and call law enforcement so that the animal in question is unable to harm anyone else. Getting the name of the owner of the animal is vital too. Then we can carefully review your case and advise you on what to expect when seeking maximum compensation for your injuries and other damages.
Click on our case results to see some of our legal victories.
Who is Liable for a Dog Bite Injury in Long Island?
Unlike many other states in the U.S., New York does not hold dog owners strictly liable for the actions of their pets. Rather, the burden of proof is placed on the victim. As such, it would be the responsibility of the victim to prove that one of three circumstances existed:
- The owner knew or should have known, of the dog’s violent propensities
- The owner was unaware of the dog’s vicious tendencies, but negligently caused the attack
- They were attacked by a “dangerous dog.”
If the plaintiff can prove that the owner had prior knowledge of the dog’s violent behavior and/or they had negligently contributed to the attack, strict liability would be imposed for any injuries that were sustained. If the victim can show that they had been attacked by a “dangerous dog,” however, they would be able to recover damages under the common law and the Dangerous Dog Statute (New York Agriculture & Markets Code section 123).
What Is Considered A Dangerous Dog?
According to the Dangerous Dog Statute, a dangerous dog would be:
- Any dog that attacks a person, companion animal, or domestic animal without justification, and subsequently causes physical injury or death.
- Any dog that behaves in such a manner would pose a serious and unjustified imminent threat of serious physical injury or death.
- Any dog that attacks a service dog, guide dog, or hearing dog without justification, and subsequently causes physical injury or death.
The dog owner is liable for medical bills and veterinary costs only unless it can be proven that the owner of the dog was aware that the animal had a history of biting or other vicious propensities. If so, he or she can be held liable for pain and suffering as well.
Examples of vicious propensity could include the following:
- The dog is known to have bitten someone in the past
- The dog growls, bares its teeth, snarls, snaps, or barks excessively
- The dog goes into an aggressive “attack stance”
- The dog is often muzzled by its owner
- The owner’s property had a “beware of dog” warning posted
Any person hurt by a dog that seeks compensation above the costs of medical bills must prove that the dog had “vicious propensities” and was unprovoked before the attack.
How to Defuse a Potential Dog Attack Situation
If you believe that you are in a position where a dog is likely to try to bite you, even though you have done your best not to provoke its aggression, there are still steps you can take to try to ward off its attack. Keep in mind that these are not guaranteed to work and you will need to read the situation as best you can to avoid harm.
- Do not panic: Erratic movements may further upset the animal.
- Remain motionless: Try to stand rigid and face slightly away from the dog without staring it down; this could show the dog you mean no harm. Running away could potentially trigger the animal’s instincts to chase prey.
- Use a distraction: If you have anything you can throw or set aside to get the animal’s attention, do so.
- Command: Even an aggressive dog without a collar could be trained. Use a stern voice and command it to “stay”, “back away”, or “sit”. In some circumstances, a dog you do not know will listen to these orders as if you were its master.
- Leave slowly: When the animal seems to be backing off, once again try not to run. Leaving slowly and calmly will show you are not a threat.
What to Do If You Are Bitten
In the unfortunate scenario that you are actually bitten by someone else’s dog, you need to seek medical attention as soon as you can to avoid a life-threatening infection. If you are able to identify the dog’s owner, you should also call the police. Collect any reports or records from either of these sources to use in your insurance claim. You may also have to prove that you were not trespassing or harming the animal before the attack, so be sure to ask any witnesses to provide a testimony.
In New York State, there is a mixed liability rule for dog bite laws. If you are bitten by a dog, in most cases, the dog’s owner will automatically be liable for medical bills. They will not be held accountable for any other damages, though, such as missed wages while you recover. If you seek compensation for your pain and suffering, you should seek the help of a personal injury lawyer to help you file a claim and seek nominal and punitive damages.
Find Out How a Dog Attack Attorney in Long Island Can Help
You deserve maximum compensation! We can help you establish liability on the part of the owner and fight for a fair payout so that you do not suffer financial stress due to someone else’s negligence. For more information about protecting your rights, filing an insurance claim, and obtaining the compensation you need, contact a Long Island dog bite lawyer at The Odierno Law Firm, P.C. as soon as possible.
We serve clients throughout Long Island, Queens, Suffolk, and Nassau. Call for a free consultation & answers to all of your legal questions!
Dedicated To You
We are committed to getting you the compensation you deserve for the injuries you have sustained. We are determined to fight for you. We have a no recovery, no fee policy, so you don’t pay unless we win.Contact Us
- You Will Not Pay Us Unless We Win Your Case
- Our Firm is Backed By Trial Success & Client Satisfaction
- We Will Review Your Personal Injury Claim For Free
- We Have Over 150 Years of Combined Legal Experience
Compensation for a Dog Bite
Since New York falls under a “mixed” category when it comes to regulating dog owner liability, the victim of an animal attack would be able to recover minimal compensation for the cost of their medical bills even if they were unable to prove that the dog had vicious tendencies.
If they were able to prove that the dog had previously attacked another person and/or that the owner was aware of their pet’s dangerous habits, they would be able to seek damages for pain and suffering, as well. Similarly, the owner who negligently permitted their dog to attack another person would be subject to a civil penalty of $1,500.
If the dog had previously been deemed “dangerous,” the owner could be penalized by 90 days’ imprisonment and a $3,000 fine. Finally, the owner would be guilty of a Class A misdemeanor if they had negligently allowed a dangerous dog to attack and kill another person—which is punishable by up to one year in prison.