Dog Bite Lawyers in Medford | Walker & Mackenzie, P.C.
Dog Bite Lawyers in Medford
A dog may be a man’s best friend, but in some instances, this friend can turn into a very dangerous animal. In fact, about 4.5 million Americans are bitten every day, out of which 900,000 have to make an emergency room visit. Young children are particularly prone to dog attacks and can also die from injuries from a dog bite, resulting in a death count of 33 in a single year.
Surprisingly, most dog bites are given by domestic canine companions, not feral dogs.
If you or someone you care about has been bitten by a dog, it is important that you understand your rights to recover damages.
What is a “Dangerous” Dog?
A “dangerous” dog in Medford and other cities of New York State is one that has threatened or attacked a person, other dogs, or other animals without justifiable cause. A dog that has been deemed dangerous may be subject to corrective measures including desexing at the owner’s expense and muzzling in public.
The “One-Bite” Rule
The “one-bite” rule is an old rule that mandates a dog is allotted a “free” bite before it is considered to be dangerous and its owner liable for damages for future bites. The reasoning behind this rule is that the owner would know the dog has violent tendencies and would control his dog better in the future. In New York, the one-bite rule has been exhausted.
Strict Liability & Negligence
New York follows strict liability and negligence for dog bites. In strict liability, the owner of the dog will be held liable for economic damages whether his dog has been deemed dangerous or not, and whether they used reasonable care to control their pet.
For non-economic costs related to dog bites, New York follows the theory of negligence, which mandates that the dog owner is only liable if they fail to use reasonable care to control their dog or warn others about the dog’s vicious propensity.
It is the job of the victim to prove that the owner behaved negligently and failed to take measures that would curtail the dog’s dangerous behavior. This is where Walker & Mackenzie comes in. Our personal injury lawyers can investigate the incident and gather evidence on your behalf to make a strong case that would win a just settlement.
Are There Instances When a Dog Owner is Not Held Liable for a Dog Bite?
A dog owner may not be held liable if his dog bites someone in certain cases. These include:
- The dog was protecting itself, its owners, or its puppies from another domestic animal.
- The person who was bitten was committing a crime on the dog owner’s property.
- The person who was bitten abused, threatened, or tormented the dog’s puppies.
- The dog was injured or sick.
Dog Bite Lawyers in Medford | Walker & Mackenzie, P.C.
How Long Do I Have to Bring a Lawsuit Against a Dog Bite in Medford?
A dog bite is a personal injury case, which means you have up to three years from the date of the attack to file your complaint. The sooner you file your claims, the sooner your legal proceedings will start moving.
It is important that you do not wait till the minute to file a suit as by that time the evidence can dry up.
Also, you do not want to risk passing the deadline since that would mean you are no longer legally entitled to receive compensation for the dog bite.
Call a Personal Injury Lawyer in Medford for Dog Bites
At Walker & Mackenzie, we have a team of highly qualified and experienced attorneys who can determine whether the dog owner is held liable for the actions of their canine companion. We can guide you in taking the necessary steps to seek compensation for current and future medical care, current and future lost earnings, pain and suffering, disfigurement, and even wrongful death.
Depending on your unique case, the dog owner’s homeowners’ insurance policy may cover your damages and we may also look for an alternative source of compensation.
New york dog bites are complex and the damages and value of your case depend on several factors. If you or someone you know is attacked by a dog, it is in your best interest to contact Walker & Mackenzie.
Schedule a free no-obligation consultation with us today by calling 631.791.5090 so that we can discuss your legal rights and help you get the compensation you deserve.