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Animal Bites
In 2008, the American Pet Products Manufacturers Association estimated there were nearly 75 million dogs in the United States – or one dog for every four people.
The Centers for Disease Control and Prevention estimates that 1 in every 50 people will be bitten by a dog this year – or more than 1.4 million bite victims.
More than 1,000 people a day will visit the emergency room as the result of a dog bite – the fifth most-frequent cause of emergency room visits.
The average insurance recovery to pay for medical bills as the result of a dog bite attack has been reported at $15,000 to $25,000.
And the number of fatal attacks is on the rise. In 2007, 33 people were killed by fatal dog maulings in 17 states – roughly double the average number of deaths each year in the 1980s and 1990s.
New York law makes the owner or keeper of a dog strictly liable for medical and veterinary costs. However, New York does not recognize owner negligence as a cause of action.
Dog bite cases therefore must proceed on the grounds of strict liability by proving the owner had knowledge of an animal’s vicious nature.
New York is a “one-bite” state, which means the owner is strictly liable if the victim can prove that the owner should have known of a dog’s vicious propensities – such as a prior instance of the dog biting someone.
Aside from having bitten before, viciousness can be proved by a history of growling, snapping or baring of teeth; if the dog is restrained in a manner that would befit a vicious animal; or if the animal acts in a manner that bespeaks the intent or will to harm.
Unfortunately, children are the frequent victim of dog attacks – those ages 5 to 9 have the highest rate of dog-bite injury in the nation. Recovery in children can be complicated by psychological issues, such as panic attacks and a lack of trust, and by the medical challenges associated with growth and the healing of scars.
If you or someone you love has been seriously injured in a New York animal attack, contact an experienced animal bite lawyer as soon as possible.