When you or someone you love suffers from a dog bite in Queens, you need a lawyer who knows how to fight for your rights. Our Queens dog bite lawyer at Davidoff Law Personal Injury Lawyers specializes in helping victims navigate the complexities of dog bite cases. We know that dog attacks can happen at any time, and we understand that dog bite injuries can be severe.
Our Queens dog bite lawyers have experience with all types of dog bite claims. Always see a doctor if you have a serious dog bite injury. Then, contact us to discuss your dog bite case or dog bite injury claim.
You Deserve an Experienced and Dedicated Queens Dog Bite Lawyer to Review Your Case
After a dangerous dog bite, you need a lawyer who understands the law and cares about your recovery. Our Queens dog bite lawyer has years of experience dealing with these cases. We know how to navigate the legal system to get you the best possible outcome. Our dedication to our clients is unmatched, and we work tirelessly to ensure you get the compensation you need for your recovery.
Understanding Dog Bite Laws in Queens
Dog bite laws in Queens are designed to safeguard victims and hold dog owners liable for their pets' behavior. New York operates under a mixed system that combines elements of the "one-bite rule" with strict liability for some instances. Dog owners can be held responsible for injuries caused by their dog if the dog had previously shown a tendency to be dangerous and the owner knew about it. However, owners can be held strictly liable for specific injuries like medical costs, even if the dog had never shown aggression before.
Overview of New York Dog Bite Laws
New York State's dog bite laws are complex. According to New York Agriculture & Markets Law Section 123, owners of previously dangerous dogs can be held liable for medical expenses resulting from a dog bite without the victim proving negligence. Additionally, if a dog is deemed unsafe and causes injury, the owner may face stricter liabilities, including all damages. These laws aim to balance the protection of dog bite victims with the rights of responsible dog owners.
Queens-Specific Regulations and Ordinances
In Queens, as in the rest of New York City, specific regulations and ordinances address dog ownership and responsibilities. For example, the New York City Health Code requires all dog owners to keep their dogs leashed in public areas. Failure to do so can result in fines and liability if the dog causes harm. These local laws are designed to prevent dog bites and ensure public safety by mandating responsible pet ownership.
Liability of Dog Owners and Property Owners
Dog owners are primarily responsible for preventing their pets from causing harm to others. This responsibility includes proper training, securing the dog on their property, and adhering to local leash laws. The owner can be liable for the victim's injuries if a dog bites someone. In some instances, property owners can also be held responsible if the bite occurs on their property, and they knew or should have known about the danger but failed to take appropriate measures to prevent it.
Statute of Limitations for Filing a Claim
In Queens, victims of dog bites have a small window to file a legal claim against the dog owner. The statute of limitations for personal injury claims in New York is three years from the date of the incident. If you have suffered from a dog bite, you must initiate legal action within three years to seek compensation. Please file within this timeframe to avoid losing your right to claim damages.
Common Causes of Dog Bites
Several factors can lead to a dog bite, including aggressive behavior, provocation, lack of proper restraint, and owner negligence.
Dogs may bite due to aggressive behavior, which can stem from their breed, lack of socialization, or previous experiences. Some dogs are more prone to aggression, and owners must recognize and manage these tendencies. Training and socialization are crucial in preventing aggressive behavior in dogs.
Dogs often bite in response to provocation. This can include direct threats, sudden movements, or invading the dog's space. Children are particularly at risk because they may not understand how to interact safely with dogs. Both dog owners and the public need to understand dog behavior to prevent provocation.
Lack of Proper Restraint
Many dog bites occur because the dog is not properly restrained. In Queens, leash laws require owners to keep their dogs on a leash in public spaces. Not abiding by these laws can lead dogs to bite someone easily. Proper restraint, such as leashes and fences, is essential in preventing dog bites.
Owner negligence is a significant factor in many dog bite cases. This includes failing to secure the dog, ignoring leash laws, or not taking action when a dog shows signs of aggression. Owners are responsible for ensuring their pets do not harm others. When they do not uphold this duty, they can be held accountable for any resulting injuries.
Common Injuries Due To a Dog Bite Attack
Dog bite attacks can lead to a range of severe injuries. Understanding these common injuries can help victims recognize the importance of seeking compensation for their suffering.
Traumatic Brain Injury (TBI)
TBIs can occur during a dog attack, especially if the victim falls or is knocked over. These injuries could lead to long-term damage, including cognitive impairments, physical disabilities, and emotional disturbances.
The force of a dog bite can easily break bones, particularly in the hands, arms, legs, and feet. These injuries are excruciating. Some of them may require surgery to repair. Recovery often involves physical therapy and can significantly impact the victim's ability to work and perform daily activities.
Dog attacks could lead to damage to organs or internal bleeding, especially in severe attacks. These injuries can be life-threatening if not treated promptly. Victims may need emergency medical care and ongoing treatment. They don't always lead to symptoms right away.
Scarring and Disfigurement
Dog bites could lead to permanent scars and disfigurement. This can be emotionally and psychologically damaging. Victims may require multiple surgeries and cosmetic procedures to address these issues.
It is not unusual for people to develop anxiety, depression, and even PTSD after a dog bite. These are major psychological issues that must be appropriately addressed. These conditions can profoundly affect a person's quality of life and may require long-term counseling and therapy.
Steps to Take Following a Dog Bite Incident
So, what do you need to do? A few key steps to follow include:
Immediate Medical Attention and Documentation
Seek medical attention immediately, even if the injury seems minor. Dog bites can cause bacterial infections and other complications. Be sure to save your invoices and record information about your injuries. This documentation will be crucial when filing a claim.
Reporting the Incident to Local Authorities
Report the dog bite to local authorities, such as the police or animal control. This establishes an official document of the incident. This can be vital evidence in your case. Reporting also helps authorities take steps to prevent future bites from the same dog.
Gathering Evidence (Photos, Witness Statements, etc.)
Collect evidence related to the dog bite, including photos of your injuries, where the attack happened, and the dog involved. If there were any witnesses, get their contact information and statements. This evidence will support your claim and help establish the facts of the case.
Contacting a Queens Dog Bite Lawyer for Legal Guidance
Contact a Queens dog bite lawyer as soon as you can. A lawyer will guide you through the process of filing a claim. They can negotiate with insurers and represent you in court. Legal guidance is essential for securing the compensation you deserve.
Defenses and Challenges in Dog Bite Cases
In dog bite cases, defendants may use several defenses to avoid liability. Understanding these can help you prepare your case effectively.
- Provocation: Defendants often claim the victim provoked the dog, which led to the bite. This defense requires proof that the victim's actions directly contributed to the attack.
- Trespassing: If the victim was unlawfully on the property where the bite occurred, it might be harder to demand compensation. Trespassing can complicate the situation.
- Comparative Negligence: This defense argues that the victim's negligence contributed to the incident, potentially reducing the compensation they can receive.
- Lack of Knowledge: The dog owner may claim they had no prior knowledge of the dog's aggressive tendencies, challenging liability under the one-bite rule.
- Minor's Liability: In cases involving children, defendants might argue that a child's lack of understanding or carelessness contributed to the incident, complicating the case.
Types of Damages Recoverable in Dog Bite Cases
Here are the main types of damages you might recover:
Medical Expenses (Current and Future)
Medical expenses from dog bites can be extensive, including emergency care, surgery, medication, and rehabilitation. Victims can claim compensation for the injury's current and future medical costs. This ensures they are in pocket for their ongoing care to recover fully.
Lost Wages and Earning Capacity
If a dog bite injury causes you to miss days from work, you can claim lost wages. This includes the income you've lost while recovering and potential future earnings if the injury affects your ability to work long-term. Compensation for lost earning capacity considers the impact of the injury on your career and financial stability.
Pain and Suffering
Pain and suffering compensation acknowledges the physical pain and emotional distress stemming from the dog bite. This includes immediate discomfort and long-term effects, such as chronic pain or reduced quality of life. Calculating this is complicated, as it must consider the attack's physical and emotional consequences.
Emotional Distress and Psychological Counseling
Dog bites can lead to significant emotional distress, including anxiety, depression, and PTSD. Victims can demand compensation for psychological counseling and therapy needed to address these issues. This type of damage recognizes the profound emotional impact of the attack and the importance of mental health recovery.
Why Choose Our Queens Dog Bite Lawyer for Your Case
A. Initial Consultation and Case Evaluation
Our Queens dog bite lawyer offers a free initial consultation to review your case and examine your legal avenues. We listen to your story, assess the facts, and provide clear advice on proceeding. This consultation is a critical first step on your way to justice.
B. Gathering Evidence
We excel in gathering the necessary evidence to build a strong case. This includes medical records, witness statements, and video or photographic evidence. Our thorough approach ensures we have all the facts to support your claim.
C. Establishing Liability
Our legal team specializes in proving liability in dog bite cases. We investigate the incident to determine the dog owner's responsibility and any other parties that may be liable. Establishing liability is essential for securing compensation for your catastrophic injuries.
D. Pursuing Compensation
We push for the maximum settlement package for our clients. This means negotiating with insurance companies and, if necessary, taking your case to trial. We want you to receive fair compensation for all your damages, including medical bills.
E. Representing Clients in Negotiations and Court
Our Queens dog bite lawyer is experienced in both negotiation and courtroom representation. We advocate for your best interests every step of the way, ensuring your voice is heard, and your rights are protected.
Speak With Our Queens Dog Bite Lawyer at Davidoff Law Personal Injury Lawyers | Call Us Today!
If you've suffered a dog bite in Queens, don't wait to seek legal help. See a doctor first. Then, reach out to our team. Contact Davidoff Law Personal Injury Lawyers today to discuss your case. Schedule a free case consultation today.