Dog Bite Victims Deserve Fair and Full Compensation, Elmira Personal Injury Attorney Says
"With the recent pit bull attack of a 6-year-old boy making news in
Under the current
“An issue that often arises in animal attack cases is securing compensation,” said Gottlieb, an experienced
“Victims need compensation to pay for a variety of necessary medical expenses that result from a vicious animal bite, such as emergency room visits, hospitalization, surgical repair to the eyes, nose or ears, plastic surgery or psychological counseling,” Gottlieb said.
“In the years since this ordinance was enacted, medical costs have risen sharply. That
According to Gottlieb, bites and attacks by dangerous dogs are a public safety issue in
Although certain breeds are widely considered to be dangerous, such as pit bulls, Rottweilers and Doberman pinschers, the
Instead, the ordinance adopts the definition of a “dangerous” animal found in New York State’s Agriculture & Markets Law. Under this definition, a dog is dangerous if it attacks, injures or kills a person or another animal or “behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death.”
If a dog bite victim can establish that a dog is vicious, and the owner knew of the dog’s dangerous traits, then the owner may be held strictly liable unless it’s shown that the victim somehow provoked the animal or incited the attack, Gottlieb said.
“Establishing liability can be complicated in dog bite cases, and once liability is proven, there is the additional issue of securing compensation,” the
Even though most homeowner insurance policies will cover dog attacks, not everyone is required to carry homeowners’ policies, according to Gottlieb.
“These are complex matters that require an experienced
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