Dog Bite FAQs
Contact an attorney at the Law Offices of Scott C. Gottlieb & Associates, LLP, today using our online form, or call us at (585) 546-8120 or 1-800-TALK-LAW. We can discuss your dog bite case and answer any questions that you may have. There is no charge for the initial consultation.
When I was driving to work, a dog ran in front of me, causing an accident and damaging my car. Who should be held responsible for the damage to my car’s bumper?
In some cases, dog owners are held responsible for damage their dog causes even when their dog does not bite or otherwise attack. This is especially true in areas where there are leash laws or where there are mandates that a dog must be restrained. Claims for injuries caused by non-biting dogs are especially common in instances where dogs chase motorcycles.
In some cases, people who provide a temporary home or temporary care for a dog are held legally responsible for bites or injuries that occur while the dog is in their care. In most cases, however, the dog’s owner is still the one responsible if a dog bites someone.
According to New York law, you are responsible for paying damages to someone your dog bites if your dog is known to be vicious or aggressive. However, if your dog is on your property and/or is restrained at the time of the bite, then these factors may have an impact on whether you are considered to be at fault and legally liable for damages.
My child was bitten by a dog and has permanent scarring and disfigurement, but my friend claims that my child’s actions caused the bite. Can my friend be held responsible for what her dog did?
In determining whether a dog owner is responsible for a dog bite and is required to compensate the victim, there are many factors that must be considered. For instance, relevant questions in this type of case would include: the age of your child; where the bite occurred (on your property, your friend’s property or public property); who was responsible for watching your child at the time; and whether the dog had any prior history of aggression or vicious behavior. In most cases, however, the age of the child is one of the most important issues, as kids under age seven are almost never found to be at fault for provoking a dog attack.
The best way for a dog bite victim to prove that a landlord was aware of a dangerous pet is to get help from an attorney at the Law Offices of Scott C. Gottlieb & Associates, LLP. Our Rochester dog bite lawyers will explain to you exactly what you need to prove in order to be compensated and can help you to gather the evidence you need. It is important to realize that you may not have to prove the landlord actually knew about the dangerous animal, but just that the landlord should have known — and your lawyer can help you to do that.
If a dog owner or a dog’s caretaker is uninsured, can the claim ever be covered under a landlord’s insurance policy or can a landlord be made to pay a claim?
Under certain circumstances, a landlord or his/her insurance company will accept or be assigned responsibility for a bite incident and will pay out a dog bite claim. Typically, in order for a landlord or the insurer to become responsible, it is necessary to prove that the landlord was negligent in some way related to the dog. For example, if the landlord knew a tenant had a dangerous dog and did not take any action to have the dog contained or removed, then the landlord could become legally liable for compensating the dog bite victim.
Generally, homeowner’s insurance policies will cover dog bites and will pay damages in the event of a bite claim made against the insured homeowner. However, certain factors — such as local leash laws, whether the dog has a past history of aggression and the circumstances surrounding the dog bite incident — can have an impact on whether a dog bite claim will be paid by a homeowner’s insurance company.