October 1, 2024
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Dogs can be wonderful companions, bringing joy to families and children alike. However, even the most well-behaved dogs can bite when their instincts take over. If a dog bites your child, it can be a shocking experience, leaving you with concerns about your child’s health, medical bills, and whether legal action is necessary.
Dog bites can cause both physical injuries and emotional trauma, so it is important to know what steps to take to protect your child and understand your legal rights under New York State law.
Why Do Dogs Bite?
Even trained and playful dogs can bite. Dogs, descended from wolves, retain natural instincts that may emerge unexpectedly. Children, especially young ones, often don’t understand how to interact safely with animals and may unintentionally provoke dogs by playing too roughly or crossing boundaries that the dog perceives as threatening. In some situations, dogs may feel territorial or protective, reacting aggressively to protect their food, toys, or owners.
Because children are small, dogs may view them as part of the pack hierarchy and respond according to their instincts. Even friendly dogs can act unpredictably when startled, overstimulated, or frightened. Recognizing these risks is essential for dog owners and parents alike.
How To Prevent Dog Bites
Prevention is the best strategy to avoid dog bites. Teaching your child how to interact with dogs safely can significantly reduce the risk. Here are some preventive measures to follow:
- Instruct children not to disturb a dog while it is eating, drinking, or resting.
- Teach children to approach dogs gently and calmly.
- If a dog begins chasing a child, tell the child to avoid running or screaming, as this can trigger the dog’s prey instincts.
- Supervise interactions between young children and dogs to ensure play remains safe.
- Never allow a child to hug or ride a dog, which may make the animal feel threatened.
Dog owners also have a responsibility to ensure their pets are properly trained and socialized. Even friendly dogs should be monitored around children, and owners should take steps to address any signs of aggressive behavior.
Administering First Aid After A Dog Bite
If a dog bites your child, immediate first aid is crucial to prevent infection and manage the injury.
- Control bleeding by applying gentle pressure with a clean cloth or bandage. If the bleeding is severe, elevate the affected area.
- Clean the wound with soap and water, keeping the area under running water for several minutes to wash away bacteria.
- Apply antibiotic ointment to reduce the risk of infection. Cover the wound with a clean bandage.
- Monitor the wound for signs of infection, such as redness, swelling, or warmth.
For minor bites, home care may be sufficient. However, if the bite is deep, does not stop bleeding after 10 minutes of pressure, or if the child was bitten by an unknown or unvaccinated dog, seek medical attention immediately. Rabies is a serious concern, and prompt medical treatment may be necessary to prevent infection.
Understanding New York’s Dog Bite Laws
In New York, dog bite cases are governed by both state law and local ordinances. New York follows a “mixed” approach, meaning that liability depends on the circumstances and whether the dog is considered dangerous. According to section 123 of the New York Agriculture and Markets Law, a dog is deemed dangerous if it attacks someone without justification and causes serious injury or death.
The law places strict liability on the owner or custodian of a dangerous dog for any medical expenses resulting from the attack. This means that if the dog has previously displayed dangerous behavior or has been officially classified as dangerous, the owner is automatically responsible for the victim’s medical bills. However, if the dog has no prior history of aggression, proving liability may require showing that the owner was negligent in controlling the animal.
What To Do If a Dog Bites Your Child?
If your child is bitten by a dog in New York, there are several important steps to take to ensure their health and protect your legal rights:
- Seek medical care immediately, even for minor bites, to prevent infection and ensure your child receives proper treatment.
- Exchange contact information with the dog owner, including their name, phone number, and proof of the dog’s rabies vaccination.
- Report the incident to local animal control or the police. This helps document the bite and determine whether the dog has a history of aggressive behavior.
- Take photos of the injury and keep medical records related to your child’s treatment.
- Avoid settling privately with the dog owner without legal advice. While the owner may offer to cover medical expenses, such arrangements could limit your ability to seek additional compensation later if your child experiences emotional trauma or long-term injuries.
Filing a Dog Bite Claim
In New York, you have the option to pursue compensation through a personal injury claim against the dog owner. You can seek reimbursement for:
- Medical bills, including emergency care, follow-up visits, and medications
- Pain and suffering for both physical and emotional trauma
- Lost wages if you had to take time off work to care for your child
- Future medical expenses if additional treatment is required
New York’s statute of limitations for filing a personal injury lawsuit related to a dog bite is three years from the date of the incident. However, it is best to act promptly. Waiting too long may make it harder to gather evidence or prove your case.
When Should You Hire a Lawyer?
If your child was bitten by a dog, it is wise to consult with a personal injury attorney experienced in dog bite cases. A lawyer can help you determine whether the dog owner is liable and assist with filing a claim for compensation.
An attorney will also handle negotiations with the dog owner’s insurance company. Insurance companies often try to minimize payouts, so having legal representation ensures that you receive a fair settlement. If the insurance company refuses to offer reasonable compensation, your lawyer can file a lawsuit to hold the owner accountable.
Contact Cellino Law for a Free Case Review
At Cellino Law, we understand the emotional and financial toll a dog bite can have on your family. Our experienced personal injury attorneys are here to help you navigate the legal process and ensure your child receives the compensation they deserve.
We offer free consultations to review your case and discuss your legal options. Whether you need help negotiating with an insurance company or pursuing a lawsuit, our team will stand by your side every step of the way.
Don’t wait to take action. If your child has been bitten by a dog, contact Cellino Law today at 888-888-8888 to schedule your free case review. Let us help you protect your family’s rights and secure the compensation your child needs to recover fully.