Great Neck Dog Bite Lawyer

Determining Liability for Dog Bite Injuries

When it comes to assigning liability in a dog attack, states take two general approaches. Some states have adopted a “negligence” approach, which requires a plaintiff to establish that the dog owner acted negligently in allowing the bite to occur. Other states rely on a “strict liability” approach.

This approach is more favorable to plaintiffs in that they only have to prove the defendant’s dog caused the injuries. New York stands out, as it has adopted a mixed approach to dog bite liability. Under state law, both the negligence approach and the strict liability approach can apply depending on the circumstances.

Strict Liability for Medical Costs

In Great Neck, the strict liability approach applies to all dog bite claims involving medical costs. As long as a plaintiff can identify the owner or lawful custodian of a dangerous dog, they could be entitled to recover damages for their injuries. This could cover the cost of surgical procedures, reconstructive surgery, and emergency medical care, among other things.

It is important to note that a dog must qualify as “dangerous” for this standard to apply. A dog is considered dangerous if it injures or kills a person or domestic animal without justification or behaves in a way that a reasonable person would believe poses a serious threat of injury.

Negligence Approach for Other Losses

For all other damages, a plaintiff must rely on the negligence standard. This means a plaintiff must prove that the dog owner was negligent in allowing the attack to happen. Proving negligence could involve establishing the owner violated leash laws or allowed the animal to roam free.

Any failure to secure a dog in a reasonable manner could be considered negligence. Negligence is considered a more difficult burden to meet than strict liability. This is primarily due to the need for a plaintiff to establish the dog owner’s intentions as well as the steps they took to secure their animal.

You Can Seek Damages Following a Dog Attack in Great Neck

Recovering from a dog bite can be a costly and time-consuming process. Dog bite injuries can take time to heal, especially in cases where infections or scarring occur. If you are dealing with these injuries, you have the right to hire legal representation.

Let a Great Neck dog bite lawyer assist you with pursuing your claim for monetary compensation. Contact the Law Office of Cohen & Jaffe, LLP at (866) 878-6774 for your free consultation.