In New York, dog attacks are often the direct result of a failure to control the animal. City ordinances outline leash requirements for dogs at any time the animals are outside of the home. A failure to maintain control over the dog makes the pet owner liable for any resulting injuries. A personal injury attorney helps victims of the attacks acquire compensation for their injuries.
Does the Victim Have a Case?
The first aspect of any dog attack case is to determine if the victim has the right to file a legal claim. The conditions that prevent victims from taking legal action are considered unlawful acts and could lead to criminal prosecution for the victim. Among these acts are trespassing, home invasions, and cruelty to animals or animal abuse. If the victim broke the law and caused the dog attack, the victim doesn’t have a right to sue the pet owner.
Establishing the Victim’s Exact Injuries
A medical exam is required to determine how extensively the victim was injured. Typically, a few abrasions and bruises won’t lead to a legal claim for the victim. The most that the victim can expect is payment for their medical expenses. However, the victim has a more substantial claim, if the dog bit the victim and produced a serious injury or attacked the victim repeatedly. The breed of the dog could have an impact on the case as well, especially if the dog is a breed that is known to become aggressive and dangerous. The victim needs their medical records when starting a legal claim.
Reviewing New York Strict Liability Ruling
In the state of New York, a strict liability applies at any time that a subsequent attack happens when there is a history of attacks. The animal control officer has records of all dog attacks that were reported in the Jackson Heights region. If a new attack is reported, the animal control officer can inform the victim if the dog in question was reported previously.
Under the strict liability ruling, the pet owner is responsible for all liabilities related to the dog attack immediately. Under the law, the pet owner must pay all medical expenses for the victim, replace any financial losses, and provide additional tort-based awards for mental anguish or pain and suffering. The history of attacks could also lead to criminal charges filed against the pet owner.
Quarantines and Owner Responsibilities
The pet owner is required to vaccinate the dog for rabies. If they failed to vaccinate the animal, the animal control officer initiates a quarantine period that lasts up to twelve days. The owner must surrender the dog to a licensed vet for the quarantine. The pet owner incurs the full expense of the quarantine and new vaccinations for the pet.
In New York, dog attacks could lead to serious injuries and fatalities. When a dog attack occurs, the victim or their family must report the animal and its owner to the county or city animal control officer. A legal claim helps the victim of the attack to recover their financial losses and pay for medical requirements. Victims of dog attacks contact the Injury Attorney Network to start a claim today.