My 7 year old daughter was bitten by a neighbors dog, resulting in several thousand $ in medical costs . Can we recover?

Asked about 1 year ago - Oswego, NY

several stitches to her face

Attorney answers (12)

  1. Marco Caviglia

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    Contributor Level 19

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    Answered . Yes. If the owner had reason to know that the dog was or had vicious propensities, s/he is strictly liable. The medical costs may pale in significance compared to the other damages you may be able to collect.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  2. Gregory Scott Gennarelli

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    Answered . Your daughter may be able to recover for her pain and suffering, which includes any scarring she may have as a result of the incident, and you may be able to recover for any costs incurred as a result of the incident. In NY, the owner of the dog is strictly liable for injuries as a result of a dog bite if the dog had vicious propensities prior to the incident. Thus, if there is any proof that the dog bit or acted aggressively before, the owner is responsible for any injuries sustained by your daughter. There is no "one free bite" in NY as was indicated in another response. I suggest speaking with a local attorney who has handled this type of case before, and if you can't find one, look outside your area for an attorney experienced in dog bite cases.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas.... more
  3. Albert Lee Crosner

    Contributor Level 18

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    Answered . Yes, you can. You should immediately contact a local area personal injury attorney. This forum has many available attorneys throughout the United States. Most personal injury attorneys provide a free consultation. Take whatever you have regarding the incident to the attorney for him/her to review. I am sorry about your daughter and I hope that she recovers soon.

    The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather... more
  4. Larry Van Roberts

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    Answered . Generally, a dog gets "one free bite". In other words, the owner of the dog must have notice that the dog has a propensity to be vicious. Contact a personal injury attorney in your area that has experience with dog bite cases. Sorry about your daughter, I'm sure its tough for you to see her hurt like that. Good luck!

    This response is given solely as a general response to the question and does not create an attorney / client... more
  5. Yefim Rubinov

    Contributor Level 17

    11

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    Answered . You should if you get a lawyer

  6. James D. Kiley

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    Contributor Level 13

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    Answered . You need to establish that the dog had "vicious propensities".... this means that there is evidence that the dog had bitten ( or even menaced or threatened) someone prior to your daughter's incident. Some dogs are considered viscious per se i.e. pitbulls. If you can establish that ( through a neighbor or someone else's testimony, then the owner is strictly liable. If the owner of the dogs owns a home, the claim should be covered under the general liability policy . We handle such cases. I have a blog on dog bite liability on my website. www.kileylawfirm.com

    My firm is a second generation family firm successfully handling personal injury and medical malpractice cases... more
  7. Joseph Gerard Dell

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    Contributor Level 10

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    Answered . It will depend on the location of the attack. The implication of the new yours agriculture and market law which may require a leash. The dogs prior vicious propensities if any. The dogs breed. The dog itself and whether it is simply a family pet or a watch dog. Hire a lawyer who will research the dog and interview the mail man to see if the dog exhibits a viciousness when he or she delivers the mail. If it often barks at strangers. Jumps on the door or fence. Has attack someone else. It depends on the specific facts of your case. The owners insurance carrier may have med pay coverage.

  8. George Costas Andriotis

    Pro

    Contributor Level 20

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    Answered . Yes. Scars are injuries that can be compensated for in an injury claim. Consult a personal injury attorney to assist you.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  9. Michael Wayne Goldstein

    Contributor Level 9

    8

    Lawyers agree

    Answered . Yes.

    1 Please contact me to discuss how to get some or all of your daughter's medical & hospital bills paid regardless of proving the defendant's fault.

    2 The owner of the dogs will be liable for your daughter's injuries, including but not limited to loss of function, pain & suffering, provided that they had reason to believe that their dog had violent or vicious propensities. A prior attack or bite by the dog would be excellent evidence of that, however other evidence may prove that as well.

    I just settled a dog bite case last week, & I am representing another victim of a dog bite currently. also work with upstate lawyers, so regardless of where the case can be properly brought, we can help.

    How long ago did the dog bite occur?

    Perhaps you could send me photos of the wound caused by the dog bite.

    Have you discussed with any doctor whether the scarring will eventually disappear, or whether it will be permanent. That affects the value of the case.

  10. James Joseph Cupero

    Pro

    Contributor Level 9

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    Answered . Whether you have a case or not hinges entirely upon your ability to prove the dogs prior vicious behavior. There is no such thing as one free bite. Vicious propensity can be proved without a prior bite. No breed is considered vicious per se. You are ill advised to shop for a lawyer who takes less than a one third contingent fee but in any event if your child is under the age of 18 the fee would need to be court approved.

  11. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

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    Answered . A personal injury lawyer would pursue a claim against the neighbor's homeowner's insurance policy. Don't try to deal with the company yourself. Find a lawyer with a low contingency fee, less than 30%, so you get the lion’s share of the settlement, not your lawyer. Thus, don’t get hurt twice by paying a huge fee. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  12. Brian Curtis Pascale

    Pro

    Contributor Level 18

    6

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    Answered . Yes. Immediately retain a local personal injury attorney.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more
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