According to the New York State Department of Health, nearly 5,000 dog bites are reported each year in the state, resulting in hundreds of hospital admissions and thousands of emergency room visits. Buffalo’s icy winters can sometimes worsen these injuries, as slippery conditions increase the risk of falls during an attack, further complicating recovery.
At Mazzu Law, we understand the complex nature of these cases. Our dog bite law firm in Buffalo, NY will gather evidence, document injuries, and estimate losses to establish liability and help you obtain compensation for your current and future medical costs, lost earnings, and emotional suffering. Call us at (716) 321-1111 or fill out this form to request your free case evaluation.
Dog Bite Injury Laws in Buffalo, NY
Strict Liability in Dog Bite Cases
According to the New York dog bite law, regardless of whether the dog has previously shown violent behavior, the owner is “strictly liable” for the medical costs associated with injuries caused by the dog biting someone. If you are bitten and have to go to the ER or an urgent care center, you have the right to demand that the owner pay those medical treatment costs, without even having to prove that their dog was vicious at any point.
One-Bite Rule in New York
New York’s “one-bite rule” stipulates that dog owners may not be held liable for the first bite or attack by their dog unless it has previously shown a tendency to be vicious or dangerous. Evidence of such knowledge could include “Beware of Dog” signs or the dog being muzzled in public.
Local Leash Laws and Ordinances
Buffalo has local leash laws and other animal control ordinances as well. If a dog bit you because it was off-leash in an area requiring leashes, it means the owner broke the law. Even landlords might be held responsible if it is proven they knew of a tenant’s dangerous dog but failed to take action.
To prove liability, our Buffalo dog bite attorneys will find evidence to establish whether the dog had shown previous signs of aggression, such as growling at passersby, lunging, or prior attempts to bite. Owners who have publicly acknowledged their dog’s aggressiveness through signs or verbal admissions can be held liable for bites.
Our Buffalo dog bite attorney, Edward T. Mazzu, Jr., can identify all those responsible for your injury – the dog owner, property owner, or landlord – and help you claim the largest possible financial compensation for your injuries and losses.
Types of Dog Bite Injuries in Buffalo, NY
Dog mouths harbor Pasteurella, Staphylococcus, and Capnocytophaga and other dangerous bacteria, and when they bite, these bacteria can be introduced deep into the skin and tissues, and cause life-threatening infections. These result in swelling, redness, pain, and in some cases, may spread to the bloodstream or other parts of the body.
Although rare in many parts of the world due to vaccination, rabies is also a very real risk that can be transmitted through a dog bite. Even if this fatal disease is not a concern, dog bites can cause a range of catastrophic injuries:
- Puncture wounds
- Lacerations
- Abrasions
- Avulsions
- Crush injuries
- Fractures
- Nerve damage
- Tendon injuries
- Muscle tears
- Joint dislocations
If the bite damages your muscles, tendons, nerves, or bones substantially, you may suffer from long-term problems like loss of function, scarring, and disability depending on the location of the bite.
Up to 50% of dog attack victims, especially children, have been found to develop a lasting fear of dogs, anxiety, and symptoms of post-traumatic stress disorder (PTSD) after being bitten. Research has also shown that children who experience such traumatic events develop a noticeable fear related to dogs, known as cynophobia, which may persist into adulthood.
Potential Liable Parties in a Dog Bite Injury in Buffalo
Pet Owners
When a dog bites someone, the owner is generally responsible under several conditions. New York follows a mixed liability approach where the owner is strictly liable for all medical and veterinary costs. However, to claim other damages like pain and suffering, you must prove the dog had a known propensity for aggression (the “one-bite rule”). This is demonstrated if the dog has bitten before or has been known to behave destructively.
Businesses and Organizations
Responsibility can also extend to organizations that had control over the dog at the time of the bite. For example, if a dog bite case occurs at a pet store, grooming business, or during the services of a dog walker, the business may be liable for failing to control the dog effectively. Similarly, companies using guard dogs must have proper measures in place to prevent the dog from causing harm.
Insurance Companies
In many cases, the financial responsibility falls to the dog owner’s home owner’s, renter’s, or other property insurance policies, which may cover accidents involving pets. This coverage may compensate you for injuries without having to directly sue the owner. Our personal injury lawyer will identify the relevant insurance plans that might apply, including general liability policies that could cover injuries caused by pets.
Our skilled dog bites lawyers in Buffalo will work diligently to recognize all possible sources of compensation to ensure you are fully covered for your injuries.
What if You are Found Partially at Fault?
New York follows “pure comparative negligence”, i.e., if you are found to be partially at fault for your accident, you can still recover compensation but it will be reduced by your percentage of responsibility. For example, if you were found to be 20% responsible for the dog bite, your compensation would be reduced by 20%. So, if you were initially awarded $100,000, you would receive $80,000 after the reduction.
You may still be able to file a personal injury claim if:
- You provoked the dog, by teasing or threatening it.
- You were trespassing on private property where the dog was present.
- You ignored warnings about the dog’s aggressive behavior or failed to follow instructions given by the owner.
Keep in mind that the at-fault party’s lawyer or insurance company will likely try to assign you most of the blame to minimize their client’s liability and reduce the amount of compensation they need to pay. Our Buffalo dog bite lawyer will work diligently to ensure your side of the story is heard and to help you obtain the maximum compensation possible despite any shared responsibility. We recommend that you reach out to us as soon as possible, so that we can effectively counter the defendants’ tactics to reduce their liability and maximize damages.
Types of Compensation for Dog Bite Victims in Buffalo
In a strict liability dog bite claim, the dog’s owner is automatically held responsible for any serious injuries their dog causes, regardless of whether the owner was negligent or had prior knowledge of the dog’s aggressive behavior. However, compensation in these dog bite cases is limited to medical expenses directly related to the dog bite. You cannot claim lost income, pain and suffering, or other non-medical expenses through strict liability.
To seek these additional damages, we may be able to pursue a personal injury lawsuit on your behalf and recover a wider range of economic and non-economic damages:
- Emergency medical bills
- Physical therapy and rehabilitation
- Lost wages and future earning potential
- Pain and suffering
- Scarring and disfigurement
- Loss of quality of life
How Mazzu Law Buffalo Dog Bite Attorney Can Help
After you have been bitten, our attorneys investigate the events that led to the attack. This process includes collecting evidence from the scene, securing witness testimonies, and consulting medical experts to document the extent of your injuries. We focus on understanding how the accident has disrupted your life and the potential long-term consequences you and your family might face. This comprehensive analysis helps us prepare a claim that accurately represents your experiences and losses.
We Determine Liability and Inform You of Your Legal Options
In most cases, the dog’s owner is legally responsible for your damage, but the details can shift their responsibility. Our experienced Buffalo dog bite attorneys review your case, pinpoint liability, and explain your legal recourse. We assess all possible sources of compensation, from homeowner’s insurance to special animal liability policies, so you understand what financial recovery might look like.
We Handle All Documentation and Communication for You
The aftermath of a dog bite comes with a mountain of paperwork and numerous legal procedures. Our attorneys at Mazzu Law simplify this process for you by taking charge of all documentation and communication. We compile medical records, file insurance claims, and prepare necessary legal documents if your case goes to trial. By managing these tasks, we free you to focus on your recovery.
We Negotiate with Insurance Companies to Maximize Your Compensation
Our Buffalo dog bite lawyers use their extensive negotiation experience to counter any tactic to undervalue your claim by the insurance companies and advocate for a settlement that reflects the true cost of your injuries. We push for a compensation package that covers medical expenses, lost earnings, and pain and suffering, ensuring the insurance companies recognize the seriousness of your claim.
We Take the Case to Trial (if Necessary) to Ensure You Receive Fair Compensation
If negotiations fail to yield a just settlement, our skilled attorneys are ready to represent you in court. Known for our strong litigation background, we bring our full capabilities to the courtroom to fight for your rights. We present a compelling case that details the negligence involved and the impact of the injury on your life to win a verdict that provides full reparation for your losses.In addition to a Buffalo dog attack lawyer, if you need a car accident lawyer, truck accident lawyer, or assistance with construction accidents and workplace injuries, call us at (716) 321-1111 or send us a message online. We offer free case consultations.