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Proving Fault in States without Dog Bite Laws

According to the Centers for Disease Control and Prevention (CDC), there are over 4.7 million dog bite incidents every year in the United States. Of these, 800,000 people will seek medical attention and 50% of these dog bite victims are children. Out of the 800,000, 386,000 victims of dog bites will need to get emergency medical treatment for their injury. In states where there are no strict liability laws for dog bites, an injured person usually needs to show that the owner of the dog knew, or had reason to know, that the animal had a predisposition for biting or attacking, if the injured wants to recover damages from the owner of the dog. In other words, it must be shown that there was “vicious propensities” in the dog. There are a few common factors that you can use to show that a dog owner knew, or should have reasonably known, of the vicious propensities of their animal.

Dog’s Breed and Size: In general, the larger the animal is, the more likely it is to cause injury. The breed and species of the animal may also have relevance if you can prove that, as a general rule, that particular breed has vicious propensities, such as a Rottweiler or pit bull.

Purpose of Keeping the Dog: If the owner keeps an animal for protection and the animal is trained to attack unknown people, it can be concluded that the dog’s owner knew or should have known that someone might be attacked by it.

Frequent Biting or Snapping: If the dog has a history of aggressive behavior, it can be used to show that show that the owner knew that the animal had a propensity for viciousness. Signs like frequent biting or snapping can be used to prove this.

Previous Complaints: If there had been complaints in the past about the dog, but the owner did not do anything, or did not do enough, to prevent attacks in the future, it can be used as evidence that the dog’s owner did know that it could be a danger to people. It would be helpful if you could find other people who have been attacked by the dog in the past.

Frequent Confinement of the Dog: If the owner of the animal frequently confines it in a cage or on a tight chain or leash, it may be an indication that the owner is aware that the animal may be a danger to people. You should find out if the owner keeps the animal locked up most of the time.

Get Legal Help for a Dog Bite

If you or a loved one has been injured due to a dog bite, you should immediately get in touch with a personal injury attorney at RMFW Law at 212-344-1000. You can discuss the facts of your case at a free consultation and determine if you have a viable case against the dog owner. RMFW Law knows how to win cases. We win cases all of the time. What is your side of the story? What really happened? You pay us nothing up front, the first meeting with us is free.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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