Western New York Dog Bite Lawyers Holding Negligent Owners Accountable

Dog Bite Injuries

Dog Bite Injury Attorneys in Western New York

A dog bite can be a frightening and painful experience, often resulting in serious physical and emotional injuries. In New York, the laws governing dog bite cases are unique and require a skilled attorney to navigate successfully. At Pasquale V. Bochiechio, P.C., we have extensive experience representing victims of dog attacks and are dedicated to holding negligent dog owners accountable for their animals’ actions.

New York’s “Vicious Propensity” Rule and Negligence

New York law combines aspects of “strict liability” with the common law “vicious propensity” rule, which is a key part of our legal strategy. In the past, this was often referred to as the “one-bite rule,” suggesting an owner could only be held liable if their dog had bitten someone before. However, the law is more nuanced.

To hold a dog owner strictly liable for a dog bite, we must prove that the owner knew, or should have known, that their dog had a “vicious propensity.” This does not necessarily mean the dog had to have bitten someone previously. A vicious propensity is defined as a tendency to act in a way that might endanger others.

Evidence We Use to Prove Vicious Propensity:

Our firm conducts a thorough investigation to uncover evidence of a dog’s aggressive behavior, which can include:

Prior Attacks or Bites: While not always required, a history of prior bites or attacks is strong evidence of a vicious propensity.

Aggressive Behavior: We investigate whether the dog has a reputation for being aggressive in the neighborhood, such as lunging at passersby, snarling, or growling.

“Beware of Dog” Signs: The presence of a “Beware of Dog” sign on the property can serve as a legal admission by the owner that they knew the dog had aggressive tendencies.

Protective Measures: Evidence that the dog required a muzzle, was kept in a secure enclosure, or was dismissed from doggie daycare or a groomer due to aggression can be crucial.

Violation of Laws: We also investigate whether the dog owner violated any local laws or ordinances, such as leash laws, which may have contributed to the attack.

In a landmark decision, the New York Court of Appeals expanded the rights of dog bite victims by also allowing negligence claims against dog owners. This means that even if a dog has no known history of aggression, the owner can be held liable if they failed to exercise reasonable care in controlling their pet and this failure led to your injury.

Dog Bite Injuries Legal Overview

N.Y. Agriculture and Markets Law § 123: This statute makes a dog owner strictly liable for a victim’s medical and veterinary expenses if the dog has been declared “dangerous.”
N.Y. Civil Practice Law & Rules (C.P.L.R.) § 214: This is the statute of limitations, which generally gives dog bite victims three years from the date of the injury to file a personal injury lawsuit.
Flanders v. Goodfellow: This pivotal case established that plaintiffs can bring a claim for negligence against a dog owner, even without proving a prior vicious propensity.

A successful dog bite claim can result in compensation for a wide range of damages to help you recover from your injuries and other losses.

Potential Damages:

Medical Expenses: Coverage for all medical treatments, including emergency room visits, surgeries, medications, and physical therapy.
Lost Wages: Compensation for any time you missed from work due to your injuries.
Pain and Suffering: Damages for the physical pain and emotional distress caused by the attack.
Permanent Injuries: Compensation for permanent scarring, disfigurement, or disability resulting from the bite.

Our firm will build a compelling case based on the evidence we gather. We will pursue a strict liability claim by proving the dog’s vicious propensities, or a negligence claim by proving the owner’s failure to exercise reasonable care.

Settlement: We will negotiate with the dog owner’s homeowners’ or renters’ insurance company to reach a fair settlement that covers all of your damages.
Litigation: If the insurance company refuses to offer a fair settlement, we are prepared to take your case to court to fight for a favorable verdict.

Practice Areas

No-Fault Insurance Claims – Patients

No-Fault Insurance Claims – Doctors

Personal Injury

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Get in Touch

Pasquale V. Bochiechio, P.C.
509 Cleveland Drive
Cheektowaga, NY 14225
Phone: (716) 882-2727
Fax: 716-882-0042

Get a Free Consultation

If you have been injured by a dog, it is crucial to act quickly. Proving a vicious propensity or negligence requires a thorough and timely investigation. Contact our office today for a free, no-obligation consultation. We will review the details of your case, answer your questions, and explain your legal options.

Call Pasquale V. Bochiechio, P.C. at (716) 882-2727 to schedule your consultation and take the first step toward getting the justice and compensation you deserve.