For the most part, “man’s best friend” are likely to be lovable and friendly creatures akin to other members of the family. However, every so often a dog reverts back to its wild tendencies and away from domesticated behaviors. When a dog attack occurs the result can be devastating. Does the law protect dog bite victims?

Fortunately, legal recourse exists. In some states, the dog owner is subject to strict liability, irrespective of whether the owner knew that the dog had a violent propensity to attack. Other states follow a “one bite” or negligence rule, where the owner’s knowledge of the dog’s violent tendencies and the precautionary measures taken to curb the attack are analyzed.

New York is a “mixed state” where the dog bite statute blends the one-bite rule with a limited degree of strict liability. The statute holds owners or repeat offenders strictly liable for medical and veterinary costs that are incurred as the result of the dog attack. For other types of damages, including property damage, lost wages, emotional distress, permanent disability/disfigurement and/or any other costs incurred as a result of injuries, New York law requires a victim to prove that the dog had violent propensities to bite people and that the dog owner knew it.

There are at least 4.7 million dog bites every year in the United States, based on figures that are more than 20 years old and which certainly must have grown since then. (See Dog Bite Statistics.) From that total, only 800,000 victims receive medical attention. Seriously injured victims generally are no reimbursed for the damages they endure. The liability segment of the insurance industry only pays an average of 17,500 dog bite victims per year. (See Insurance Information Institute, Dog Bite Liability, May 2014.)

If you are the victim of a dog attack, contact the law firm of Bader & Yakaitis, LLP for a free consultation. The lawyers at Bader & Yakaitis, LLP are seasoned attorneys equipped with the resources and experience to win you the compensation you deserve.