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Man's Best Friend? Not Always!

Posted: June 20, 2011

While Western New York winters tend to clear the sidewalks and parks of people, as soon as the sun arrives and the weather turns warm, residents and their dogs take to the streets. Most of us, especially children, find the sight of a dog on a leash an irresistible lure. But although it’s probably safe to pet many dogs, some can instantly dislike a certain individual and deliver a nasty bite. According to the Centers for Disease Control and Prevention (CDC), dogs bite nearly 2 percent of Americans each year -- more than 4.7 million people. Each day, more than 1,000 Americans visit emergency rooms due to dog bites.

Those with the highest rates of injury are typically children ages five to nine, with seniors over 65 coming second. The U.S. Postal Service reports that 2,851 letter carriers are bitten by dogs every year. Average cost of treatment for these dog bites? $18,200. Since that is just the average and there is a wide range of injuries, it’s best to exercise caution when approaching dogs.

Owners who are aware their dog has been vicious in the past or could attack in the future are liable for bites, even if they post “Beware of Dog” signs at their home or place of business. Owner liability also depends on whether or not the dog was provoked and the laws of the particular state.

In New York, court decisions regarding a dog owner’s prior knowledge of the likelihood his pet will attack have varied widely, depending on what part of the state the attack occurred. A recent decision from a court in one area defined liability narrowly: the dog had to have behaved very similarly in the past. This means that if the dog had not shown any signs of viciousness in the past, it was allowed, “one free bite.” Personal injury attorneys who handle dog bite cases will typically argue that behaviors such as chasing, jumping, threatening, growling, pulling against restraints, or killing other creatures are enough of an indication of viciousness to hold owners liable for bites, whether it is the first incident or a subsequent one.

If you or your child has been bitten by a dog -- or any other animal for that matter -- clean the bite and seek medical attention. If the injury is serious enough to require extended medical treatment or miss time from work, call our attorneys at 1-800-343-8537 to see if you have a case against the owner of the animal. We have handled many cases based on dogs biting or knocking people down as well as other animal cases.

Why and How Scars are Compensated

Our firm has handled dog bite cases that would bring a tear to your eye. Beautiful children with permanent scars on the face, serving as reminders every time they look in the mirror or are asked about them by a new acquaintance. Plastic surgery, such as revision surgery and dermabrasion, can help but usually there will be some residual permanency.

Telling a young child or a teenage girl that “beauty is only skin deep” could seem insincere. Most times plastic surgeons recommend waiting for the patient to reach maturity before attempting to repair a facial scar. Facial structure and scars can change over time, so it makes sense medically and cosmetically to wait for the patient to reach maturity. However, the delay can seem unfair and add to the emotional suffering of a scarred victim.

We have handled dog bite cases for victims with wounds that are not as visible but in other ways distressing. A woman that was bitten on the breast and reported intimacy issues. An artist and a musician both reported nerve damage and restricted motion when their dominant forearms were injured. An avid runner and athlete had his training interrupted and performance affected by a calf bite. And we actually represented a hand model whose scars limited her future opportunities.

Few injuries are ever minor to the victim. We believe telling our clients’ stories is the only way to get them fair compensation for their injuries.

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