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

Oswego, NY |

several stitches to her face

Attorney Answers 12

Posted

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 it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

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 educational purposes and does not constitute legal advice which requires all the details, nor creates an attorney client relationship.

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Posted

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 relationship between the questioner and responder.

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6 comments

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

There is no such thing as "one free bite" in NY.

Larry Van Roberts

Larry Van Roberts

Posted

Take a look at this link, it will give you an overview of dog bite law in each state. As I said, contact a personal injury attorney in your area that handles dog bite cases. http://dogbitelaw.com/legal-rights-of-dog-bite-victims-in-usa/one-bite-states-and-mixed-dog-bite-statute-states.html

Asker

Posted

The "one bite rule" was where my confusion lies I will consult someone in my area, I appreciate all of your responses. Thank you.

Larry Van Roberts

Larry Van Roberts

Posted

You're welcome ... and I hope your daughter gets along well. Good luck!

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

Evidence tending to prove that a dog has vicious propensities includes a prior attack, the dog's tendency to growl, snap, or bare its teeth, the manner in which the dog was restrained, [or the fact that the dog was kept as a guard dog], and a proclivity to act in a way that puts others at risk of harm. Good luck.

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

I also had a case where I was able to use a veterinarian expert to show that the type of medication a dog was on could be used as a factor, so make sure whomever you speak with can look outside the box.

Posted

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. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising

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Posted

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.

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11 lawyers agree

Posted

You should if you get a lawyer

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Posted

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 for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900

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Posted

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.

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Posted

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.

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Posted

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

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Posted

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 not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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Posted

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.

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