Dog Bites
Dog attacks represent some of the most gruesome personal injuries that are suffered, particularly where a child is involved (as is often the case). In its most recent study, the Center for Disease Control and Prevention, estimated that at least 27 people died as the result of dog bite attacks (18 people in 1997 and 9 in 1998; See Dog Bite Data). Of 27 human dog bite related fatalities (DBRF), 19 (70%) were children (1 was 30 days old, 3 were between 7 and 11 months old, 9 were between 1 and 4 years old, and 6 were between 5 and 11 years old), and 8 were adults (ages 17, 44, 64, 70, 73, 75, 75, and 87). It is important to teach children to be safe around dogs to prevent these catastrophic events from occurring.
To establish a case for injuries caused by any domestic animal (including dogs), a lawyer must prove both that the animal tended to be vicious (vicious propensities) and that the owner knew of that tendency. If the animal tended to be vicious for such a period of time that any reasonable person would have realized it, it will be presumed that the owner was aware of that vicious tendency. Appel v. Charles Heinsohn, Inc., 59 N.Y.2d 741 (1983); Roupp v. Conrad, 287 A.D.2d 937 (N.Y. App. Div. 2001). Although, it is not necessary to show that the dog bit someone before, that kind of evidence would help to demonstrate the dog's vicious propensities. If a stray dog has done the biting and no owner can be identified, then no lawsuit can be brought. Additionally, in New York, municipal agencies cannot be held liable for failing to capture a stray dog, even when the presence of the stray dog has been reported on many occasions. Liability against a municipality is only possible if a municipal employee in some way acts negligently, such as causing the dog to be set loose or causing the dog to bite someone.
In all dog bite cases it is essential that measures be taken promptly to preserve evidence, investigate the incident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of a dog bite, call Littman & Babiarz, Attorneys at Law now at 607-277-7527 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
