Dogs make wonderful companion animals, but their behavior can be unpredictable when they are not controlled by their owner. Dog bite injuries are common. Statistics show hundreds of thousands of victims end up in the emergency room on an annual basis. Data from the Centers for Disease Control indicates the majority (80%) of dog bites are incurred by people under the age of 18 years.
What Should You Do If You are Attacked or Bitten by a Dog On Long Island, NY?
Unfortunately, it’s not always possible to predict whether a dog is dangerous or to avoid a situation that results in a dog bite. If you are unlucky enough to be bitten, it’s important to seek medical attention for your injuries. If possible, gather contact information from the dog’s owner, but do not engage in a verbal argument about the dog bite. If the dog is loose and no owner can be identified, contact people in the area for details about the owner or ongoing issues with the dog.
And contact a lawyer quickly. (516) 822-7866
Long Island, New York Dog Bite Injury Laws
In New York including Long Island, dog bite laws are a mix of the one-bit rule and a limited degree of strict liability. This means owners are strictly liable for medical and/or veterinary costs if their “dangerous dog” bit a person or animal. The state requires victims to prove a dog has a dangerous tendency to bite and that its owner was aware of this tendency. Victims are not entitled to compensation due to negligence.
According to McKinney’s Agriculture and Markets Law 123 provides statutory penalties for dog bites and the process for declaring a dog “dangerous.” Dangerous dogs are defined as follows:
(a) the dog, without justification, attacked a person causing serious physical injury or death; or
(b) the dog has a known vicious propensity as evidenced by a previous unjustified attack on a person, which caused serious physical injury or death; or
(c) the dog, without justification, caused serious physical injury or death to a companion animal, farm animal or domestic animal, and has, in the past two years, caused unjustified physical injury or death to a companion or farm animal as evidenced by a “dangerous dog” finding pursuant to the provisions of this section. An order of humane euthanasia shall not be carried out until expiration of the thirty day period provided for in subdivision five of this section for filing a notice of appeal, unless the owner of the dog has indicated to the judge in writing, his or her intention to waive his or her right to appeal. Upon filing of a notice of appeal, the order shall be automatically stayed pending the outcome of the appeal.
Owners of a dangerous dog might also be required to pay a fine based on whether or not his or her dog was adjudicated as dangerous. If a dog owner were to negligently permit a dangerous dog to bite a person and the bite results in serious injury, the owner could be convicted of a misdemeanor.
Working with an experienced Long Island dog bite attorney is the best way to ensure your rights are protected and you are properly compensated. For more information or to schedule a consultation, contact Law Offices of ELAN WURTZEL, P.C. (516) 822-7866
What Should You Do If You are Attacked by a Dog In Long Island, NY?
The best scenario is to avoid the risk for a dog bite, but this isn’t always possible. Something as simple as walking through your neighborhood or going to a nearby park for a run puts you at risk.
If you are approached by a dog that you suspect might bite you, here’s what you should do:
First, don’t launch into a sprint or start running faster if you were jogging. Seeing you run will trigger the dog’s chasing reflex and guarantee he’ll pursue you. Instead, stop moving and do your best to avoid wiggling or shaking. Most of the time when a dog runs at you he does not intend to bite, but you can reduce the risk even further by not fleeing from the situation in fear.
If the dog does not walk away on his own after the initial approach, you can try backing away from him in a relaxed manner. Your goal is to engage the dog as little as possible and not give any indication that you want to play or be chased. Even a dog that means you no harm can get over-excited if he thinks you’re issuing an invitation and it can turn into an aggressive situation quickly.
The most important piece of advice to remember if you are charged by a dog?
Don’t force the dog into a defensive position by screaming or flailing. It only triggers the dog’s survival attack response. If the dog doesn’t back away or allow you to do so and instead begins jumping on you, your number one priority is to protect your face. Turn away and use your hips and backside to create a body block.
If the dog pushes you to the ground, curl into a ball to protect your face and midsection. Keep your hands around the back of your neck and stay in a motionless position for as long as needed.
Most of the time, you won’t face dire situations such as these. Most dogs don’t set out to bite you, but it’s important to have a plan in the rare event you are attacked and to know what you can do to reduce the risk for being attacked.
How a Long Island Personal Injury Attorney Can Help You If After a Dog or Animal Bite
Once you’ve received medical attention for your injuries, you should contact a lawyer experienced in dog bites and animal attacks. He or she can help you navigate the sometimes confusing laws related to animal attacks and ensure you receive the compensation you deserve.
Even a minor injury from a dog bite can result in thousands of dollars in medical bills. Not to mention any long-term care that might be needed, including physical therapy or plastic surgery. You deserve to be compensated for the cost of your medical treatment and for your injuries.
Working with an experienced Long Island dog bite Lawyer is the best way to ensure your rights are protected and you are properly compensated. For more information or to schedule a consultation, contact Law Offices of ELAN WURTZEL, P.C (516) 822-7866
The Law Offices of Elan Wurtzel
527 Old Country Rd.
Plainview, NY 11803
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Long Island, New York City