According to the Centers for Disease Control and Prevention (CDC), there are over 4.7 million dog bite incidents each year in the United States.
Of these, 800,000 people will seek medical attention for their injuries – 50% are children – and 386,000 people will require emergency medical treatment. It should be noted that in the majority of cases, dog bite incidents across the country are never reported to the local authorities.
Common Questions about Dog Bites
Many people have a lot of questions regarding dog bites and dog bite claims. Here is a look at some of the most common questions with clear answers for anyone who is planning to file against a dog owner for injuries sustained in a dog bite incident.
Q1: I have been bitten by a dog. Should I take legal action?
Answer: There are good reasons to take action if a dog bit you, resulting in serious injury, or if your dog was attacked by another dog. First, you may want to report the incident to Animal Control. If the animal is dangerous, they should know so that they can take appropriate action. You can also make an insurance claim to recover medical bills, future medical costs, loss of income, pain and suffering, loss of future earning capacity, etc.
Q2: Do homeowners insurance cover dog bite cases?
Answer: Most dog bite cases are covered by homeowners insurance. It is required for insurance companies to investigate every dog bite case they get and to deal with the victim of the incident in good faith.
Q3: Do local or state laws cover dog bites? What do leash laws cover?
Answer: Yes. Apart from the state laws, many local communities have animal laws that cover bites, vaccinations and leash laws. In some local laws, ownership of a certain breed may be banned altogether. In most communities, there are local leash laws that require owners to keep their dogs leashed unless confined to a fenced yard or a house, even on their own property. Combined with the dog biting someone, failure to follow the leash laws can significantly increase the potential penalties that the dog owner can face.
Q4: What is “strict liability”? And what is the “one free bite” rule?
Answer: A number of states across the US have stopped following the “one free bite rule” and now hold the owners of a dog liable for the injury inflicted on the person, regardless of whether the dog displayed any aggressive tendencies in the past. This is what is known as “strict liability.” In some states, a dog owner is not held liable for the first bite that their dog inflicts on a person. Once the dog has demonstrated biting, vicious behavior or otherwise a “vicious propensity” is displayed, the owner can be held liable.
A Sound and Legal Response If you or a loved one has been bitten by a dog, you should immediately seek the help of the skilled and experienced personal injury lawyers at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000. You can get your related documents looked at and discuss the best course of action to take against the dog owner. Call RMFW Law today! We know how to win cases and we have won cases like this many times before. Someone was negligent and they should pay. RMFW Law can make this happen!
