What would you do?
You love your job as a surveyor. You get to be outside as much as you want, in forests and fields, and often down by the lake.
One day, a woman walks by walking a dog. The dog is straining at the leash. It begins to growl. The woman asks if it’s okay if the dog “says hello.”
You have a bad feeling about it and reply “no.”
She approaches anyway. She and the dog are now in your personal space and you’re not comfortable.
As you begin to back away, the dog lunges at you. Jaws snapping, it tears flesh from your forearm.
The woman is apologetic. It’s not her dog she tells you, she had “no idea” it would do that.
Now what? Is this the time to call a dog bite lawyer in Plattsburgh?
Living with the repercussions of a dog bite injury can be difficult. Many bites can cause devastating or even fatal wounds. Bites can result not only in blood loss but scarring, infection, and nerve damage. Not to mention medical bills and lost wages.
But recovering compensation for a dog bite in Plattsburgh is not an easy task. The law is complicated when it comes to bite injuries. A knowledgeable personal injury attorney at Champlain Valley Law can help you hold pet owners accountable for their actions. A Plattsburgh dog bite lawyer help you navigate the path to full compensation for your injuries.
Does Plattsburgh Have A “One Bite” Rule?
Yes, Plattsburgh does have a one bite rule. However, as with many things, the details matter. And the one bite rule isn’t really one bite at all.
New York State law is mixed. That is, there is both a “one bite” rule and a measure of strict liability.
In most injury lawsuits, your dog bite attorney must prove negligence to obtain compensation. In other words, your lawyer must show the dog owner’s that a careless actions resulted in your injuries.
That is not the case when it comes to dog bites. In a strict liability claim, the attorney will only need to prove that an injury occurred. In limited situations, the strict liability standard applies to Plattsburgh dog bite lawsuits.
New York Consolidated Laws, Agriculture and Markets Law § 123 lays out a set of circumstances under which a dog may be considered a “dangerous dog.” If that happens, the owner becomes strictly liable and may be required to pay restitution for serious physical injury, including unreimbursed medical expenses, lost earnings and other damages resulting from the injury. The owner will also be criminally guilty of a misdemeanor.
If the dog also injured your pet or farm animal, you may be eligible to recover compensation for any veterinary bills. A skilled Plattsburgh dog bite attorney will be able to assist you in determining whether the dog that bit you fits into this category.
What Do You Have To Prove To Have a Dog Bite Lawsuit?
Outside of the limited application of a strict liability standard for canines which are legally considered to be dangerous, a second strict liability standard will be applied to dog bite claims where the victim is seeking other damages. In these cases, the claimant must show that the owner know or should have known that the dog was vicious. That is where the “one bite” rule comes into play.
The “one bite” is, as the Court notes “a bit of a misnomer” in that different kinds of evidence may be used to prove that the dog was vicious, not just a prior bite.
An experienced Plattsburgh dog bite lawyer will investigate and pull together all the facts and evidence necessary to help develop a claim that fully compensates your for all of your losses, not just medical bills and lost income.
What Compensation Can You Get If You Bitten by a Dog In Plattsburgh?
Your dog bite lawyer to build a case that demonstrates the dog owner knew that the dog had vicious tendencies. This will allow you to recover for all of the harms and losses you have suffered, not just medical bills. Depending on the effect the injuries have had on your life, you may be eligible to recover compensation for damages such as:
- Disfigurement and Scarring
- Anxiety and Stress
- Lost Income or Wages
An experienced Plattsburgh dog bite attorney will calculate all of your losses and help you recover compensation for all of your damages.
How a Plattsburgh Dog Bite Attorney Could Help
Regardless of the legal standard that applies in your case, our legal team at Champlain Valley Law will make the difference in recovering damages. While building a successful dog bite case can be a challenge, a successful claim will ease your family’s financial burden after the attack.
Do not hesitate to get started on your claim. Let Drew help! Call a Plattsburgh dog bite lawyer today for a free evaluation.