Dog Attack Guide New York

Written by: Brian Gerard Reddy

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If you were attacked by a pet dog in New York, you may be entitled to payment from the dog's owners or insurance company. Under New York animal attack laws (New York Agriculture and Markets Law), if you were seriously injured, the animal's owners or insurance company may be required to pay for your medical bills, loss of wages, and/or pain and suffering. You can also make a public record of the attack so that steps can be taken to prevent the animal from attacking others.

Who can request compensation for a dog attack in New York?

Requesting compensation depends on how serious your injury is. If you have permanent scarring and nerve damage from the injury, asking for insurance coverage is important in order to make sure that you won't have to pay for any future medical care related to the injury. If you don't think the injury is serious enough to request compensation, you should still report the attack to local police so that a record of it is kept on file. This record will be very important if another person is attacked in future and does need to submit a claim.

Who is responsible for a dog attack in New York?

Many New York jurisdictions (local areas of legal authority) have specific laws about animal control/ownership responsibilities and hold owners responsible if their animal attacks and causes injury. Responsible pet owners should also have insurance that allows for compensation if their dog attacks. The owners will not usually be held responsible for an animal attack unless they knew or should have known that the dog is vicious. If the owners were aware, they will be considered responsible for the animal's vicious behavior, regardless of whether or not the dog was confined. In this case, if you were attacked by a dog, how you acted before or during the attack will not affect whether or not the owners will have to compensate you for your injury. However, in a few circumstances your actions may be relevant. For example, if you knew that the animal was vicious and you did something that made it attack. The courts will look closely at the facts of the case to determine whether you are legally entitled to compensation.

Requesting compensation for a dog attack in New York

If your injury is not serious:

You may be able to get compensation directly from the owners' insurance provider without taking legal action. Talk to the dog's owners to find out if their insurance policy includes compensation for animal attacks. If it does, work with them to file a claim with the insurance provider. Also, report the attack so that steps can be taken to prevent the animal from attacking others.

If your injury is serious:

Get medical treatment for your injury and follow the doctor's advice.
Comply with all requests from the police and other law-enforcement officials.
Get the names and phone numbers of everyone who saw the attack or people who know anything about the dog's history of attacking.
Take photos of your injury and, if possible, get photos of the dog and the scene of the attack.
Get legal advice from a New York attorney as soon as possible. A personal injury attorney can help collect evidence, such as 9-1-1 dispatch tapes.
Do not give statements to the animal owners' insurance adjuster or other investigators until you have talked to an attorney.

What a New York dog-attack claim may cost

Most attorneys give free consultations for personal injury cases; if you decide to hire an attorney, he or she probably will work on a contingency fee. This means that the attorney only gets paid when and if you are awarded money once the case is closed. The attorney is also motivated to do everything possible to get you the maximum possible amount.