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What are the exceptions to liability for a dog bite injury?
Strict Liability Negligence in New York.
Strict liability for injuries caused by dogs means that the dog’s owner is “strictly liable” for paying the injured party’s medical bills. This is the case even if the owner tried to control his or her dog.
If the victim of the dog bite incurred any costs other than medical bills that are related to the dog bite, the dog’s owner would be determined to be negligent if he didn’t use a reasonable amount of care to restrain his animal. If he failed to warn other people that his dog is dangerous, he would be determined to be negligent in this case. According to the “one bite rule,” if a dog has been aggressive before or bitten someone in the past, the dog’s owner is obligated to warn other people that his dog presents a danger to them.
A victim of a dog bite would be able to sue for damages other than medical bills, but she would have to prove that the dog’s owner was negligent.
Possible Defenses to a Dog Bite Claim.
A Brooklyn personal injury lawyer has at least three defenses that she can use to defend her client in this case. For example, if the dog was protecting the owner’s property against a trespasser, this would be one defense. A Brooklyn accident attorney may also say that the bite victim is guilty of abusing the dog. A Brooklyn accident lawyer can also state that the dog was injured or was protecting its puppies, home or owner.
If you were bitten by a dog, you have a limited amount of time to file a claim against the dog’s owner. You will need a Brooklyn personal injury lawyer for this purpose, and our attorneys at the Levitsky Law Firm have the experience and the knowledge to help you obtain the monetary compensation you deserve for your injuries. Contact us today.