Dog Bite Lawyer

When a dog attack occurs in Western New York, the aftermath can be devastating. At RK&L, our Buffalo dog bite lawyers understand the physical and emotional trauma that victims face. From attacks in Delaware Park to incidents near Elmwood Village, we help Buffalo residents pursue fair compensation for their injuries. Contact us today to schedule your confidential consultation.

How a Buffalo Dog Bite Lawyer Can Maximize Your Compensation

At RK&L, we understand that dog bite victims in Western New York face significant challenges in securing fair compensation. Our legal team has helped countless Buffalo residents navigate the complex process of dog bite claims, from incidents in Delaware Park to attacks in residential neighborhoods. Here's how our dog bite lawyers work to maximize your compensation:

• Immediate Documentation of Injuries: Our personal injury lawyers ensure all injuries are properly documented at Buffalo General or Erie County Medical Center, creating a strong foundation for your claim that captures both visible wounds and potential long-term complications.
• Comprehensive Damage Assessment: Our dog bite attorneys calculate all forms of damages, including emergency care costs, rehabilitation expenses at Buffalo facilities, lost wages from missed work, and psychological trauma requiring counseling.
• Property Owner Liability Investigation: As premises liability lawyers, we thoroughly examine where the attack occurred, whether at an Elmwood Village apartment complex or a Hertel Avenue business, to identify all responsible parties.
• Insurance Policy Analysis: Our dog bite lawyers review all applicable insurance policies, including homeowner's insurance, renter's coverage, and umbrella policies, to identify every potential source of compensation.
• Evidence Collection: We gather crucial evidence from Buffalo Police reports, interview witnesses from the neighborhood, obtain security camera footage if available, and document any history of aggressive behavior by the dog.
• Medical Expert Coordination: Our personal injury attorneys work closely with Buffalo medical professionals to understand the full scope of your injuries and their long-term impact on your quality of life.
• Negotiation Strategy: Our dog bite lawyers develop strong negotiation positions based on similar cases in Erie County, ensuring insurance companies understand the full value of your claim.
• Trial Preparation: While most cases settle, our personal injury lawyers prepare every case as if it will go to trial in Buffalo courts, strengthening our negotiating position.

Financial Compensation You May Be Entitled To After a Dog Bite Injury

As your personal injury attorneys, we work diligently to pursue every type of compensation available under New York law. Here are the forms of financial recovery you may be entitled to receive:

• Emergency Medical Expenses: Compensation covers immediate treatment costs at Buffalo-area hospitals like Erie County Medical Center, including emergency room care, wound treatment, and necessary medications.
• Ongoing Medical Treatment: Recovery for continuing medical needs such as follow-up appointments at Buffalo Medical Group, reconstructive surgery, physical therapy at local rehabilitation centers, and future medical procedures.
• Lost Income and Wages: Reimbursement for missed work during your recovery period, including time spent at medical appointments and rehabilitation sessions in Western New York.
• Diminished Earning Capacity: Compensation if your dog bite injuries affect your ability to perform your job duties or advance in your career path within the Buffalo job market.
• Pain and Suffering: Financial recovery for the physical pain and emotional distress experienced during and after the attack, including trauma from incidents in public spaces like Delaware Park or Elmwood Village.
• Psychological Counseling: Coverage for mental health treatment with Buffalo-area therapists to address anxiety, PTSD, or fear of dogs resulting from the attack.
• Permanent Disfigurement: Additional compensation for visible scarring or disfigurement, particularly for injuries to visible areas like the face, hands, or neck.
• Property Damage: Reimbursement for personal items damaged during the dog attack, such as clothing, accessories, or medical devices.
• Lifestyle Impact: Compensation for how the injury affects your daily life, including your ability to enjoy activities around Buffalo like visiting Canalside or participating in seasonal festivals.
• Preventive Measures: Recovery of costs for security measures needed after the attack, such as protective gear for outdoor activities in Buffalo neighborhoods.

New York's Dog Bite Laws

New York State follows a mixed system when it comes to dog bite liability, combining elements of both "one bite" and strict liability rules. Here's a clear breakdown of the key legal principles:

The "Dangerous Dog" Statute (Agriculture and Markets Law § 123)

New York defines a "dangerous dog" as one that:

• Without justification attacks and either injures or kills a person, farm animal, or domestic animal; or
• Behaves in a manner that would make a reasonable person believe the dog poses a serious and unjustified imminent threat of serious physical injury or death.

Dog Owner Liability

Under New York law, a dog owner becomes liable in two primary situations:

1. Medical Costs - Strict Liability: Dog owners are automatically liable for medical costs resulting from their dog's attack, regardless of whether they knew the dog was dangerous. This is outlined in Agriculture and Markets Law § 123, which states that the owner of a dangerous dog shall be liable for medical costs of the injury to a person caused by such dog.
2. Additional Damages - "One Bite" Rule: For damages beyond medical costs (such as pain and suffering, lost wages, or property damage), the victim must prove the owner knew or should have known of the dog's dangerous tendencies. This is commonly known as "one bite" rule evidence.

Evidence of Dangerous Tendencies

Courts consider various factors as evidence of dangerous tendencies:

• Previous bites or attacks
• Aggressive barking and lunging
• Complaints from neighbors
• The dog's breed combined with improper containment
• Prior warnings given by the owner
• The dog's training and purpose

Municipal Variations

Buffalo and other Western New York municipalities may have additional local ordinances governing dog ownership and liability. These local laws often address:

• Leash requirements
• Containment standards
• Registration and licensing
• Breed-specific regulations
• Reporting requirements for incidents

Time Limitations

Under New York Civil Practice Law and Rules § 214, victims have three years from the date of the attack to file a personal injury lawsuit for dog bite injuries.

Common Injuries Associated With Dog Attacks

As personal injury attorneys serving Buffalo residents, we understand that dog bite injuries can range from moderate to severe and often require immediate treatment at local medical facilities like Buffalo General or Erie County Medical Center. Here are the common types of severe injuries our premises liability lawyers frequently encounter in dog attack cases:

• Puncture Wounds: Deep tissue injuries where a dog's teeth penetrate the skin, often requiring immediate care at Buffalo emergency rooms to prevent infection and address potential nerve or muscle damage.
• Facial Injuries: Devastating wounds to the face, nose, ears, or lips that may require treatment from plastic surgeons at Buffalo Medical Group and can lead to permanent scarring or disfigurement.
• Hand and Arm Trauma: Defensive wounds typically sustained when victims try to protect themselves during an attack, often resulting in damage to tendons and muscles that requires specialized treatment at Buffalo hand surgery centers.
• Lower Extremity Injuries: Bites to legs, ankles, and feet that commonly occur during attacks in Buffalo parks or residential neighborhoods, potentially causing mobility issues requiring extensive physical therapy.
• Crush Injuries: Severe damage from powerful dog jaws that can break bones and destroy soft tissue, often necessitating emergency surgery at Western New York trauma centers.
• Nerve Damage: Long-term or permanent nerve injuries that can cause numbness, chronic pain, or loss of function, requiring ongoing treatment with Buffalo neurological specialists.
• Infection and Disease: Secondary complications like bacterial infections, including dangerous conditions such as cellulitis or sepsis, which may require extended treatment at Buffalo hospitals.
• Psychological Trauma: Emotional injuries including PTSD, anxiety, and phobias that often require ongoing counseling with Buffalo mental health professionals.
• Scarring and Disfigurement: Permanent visible marks that may require multiple reconstructive surgeries at Buffalo plastic surgery centers and can affect victims psychologically.
• Torn Muscles and Ligaments: Soft tissue damage that often occurs during struggle or flight responses, requiring rehabilitation at Western New York physical therapy facilities.

Common Causes of Dog Attacks

As dog bite lawyers serving Buffalo and Western New York, RK&L has investigated numerous animal attack cases throughout our community. Our personal injury attorneys have identified several common factors that frequently contribute to dog attacks, from incidents in Delaware Park to encounters in residential neighborhoods. Understanding these causes helps our premises liability lawyers build stronger cases for our clients. Here are the primary factors we've encountered:

• Inadequate Containment: Poorly maintained fences, broken gates, or insufficient barriers in Buffalo neighborhoods that allow dogs to escape and encounter unsuspecting pedestrians along streets or in parks like Riverside.
• Owner Negligence: Failure to properly train, socialize, or control dogs, particularly in busy areas like Elmwood Village or during crowded events at Larkin Square where dogs may become overwhelmed.
• Territorial Behavior: Dogs protecting their perceived territory, often occurring in front yards, near property lines, or in shared spaces of Buffalo apartment complexes.
• Resource Guarding: Dogs becoming aggressive when protecting food, toys, or other valued items, commonly occurring in home environments or at dog-friendly establishments along Hertel Avenue.
• Fear or Stress: Dogs reacting to unfamiliar situations or perceived threats, particularly during Buffalo's many seasonal festivals or in crowded areas like Canalside.
• Lack of Warning Signs: Property owners failing to post adequate warning signs about potentially dangerous dogs, especially in mixed-use areas or multi-unit buildings in Allentown or North Buffalo.
• Improper Leash Control: Owners using inadequate leashes or retractable leashes incorrectly, leading to incidents on popular walking paths like the Outer Harbor or Buffalo River trails.
• Children's Actions: Unintentional provocation by young children who may not understand proper ways to approach or interact with dogs, often occurring in neighborhood parks or residential areas.
• Medical Conditions: Undiagnosed health issues causing dogs to act aggressively, sometimes without previous history of aggressive behavior.
• Environmental Factors: Stressful situations like loud construction noise, winter weather conditions, or the busy atmosphere of Buffalo's shopping districts that may trigger aggressive responses in dogs.

What To Do After Being Attacked By a Dog

At RK&L, our dog bite lawyers understand that the moments following a dog attack can be frightening and overwhelming. As personal injury attorneys serving Buffalo and Western New York, we've guided numerous clients through this traumatic experience. Here are the critical steps you should take after a dog attack to protect both your health and legal rights:

• Seek Immediate Medical Care: Get emergency treatment at Buffalo General, Erie County Medical Center, or the nearest emergency room, even if injuries seem minor, as dog bites can lead to serious infections or complications.
• Document Your Injuries: Take clear photos of all wounds, torn clothing, and the attack location, whether it occurred in Delaware Park, along Elmwood Village sidewalks, or in a residential neighborhood.
• Identify the Dog and Owner: Obtain the dog owner's name, address, phone number, and any information about the dog's vaccination history, particularly important in Buffalo where we have specific local ordinances about dog ownership.
• Report the Attack: Contact Buffalo Animal Control and the police department to file an official report, which our premises liability lawyers can later use as evidence in your case.
• Gather Witness Information: Collect names and contact details of anyone who saw the attack, including other people who may have been at Canalside, Larkin Square, or wherever the incident occurred.
• Preserve Evidence: Keep all torn or bloodied clothing, damaged personal items, and medical records, as these will help our personal injury attorneys demonstrate the attack's severity.
• Track Your Expenses: Maintain detailed records of all medical bills, prescriptions, lost wages from missed work at Buffalo businesses, and other expenses related to your injuries.
• Document the Location: Note any security cameras in the area, take photos of where the attack occurred, and document any relevant property conditions like broken fences or missing warning signs.
• Monitor Your Health: Keep a daily journal of your pain levels, emotional state, and how the injuries affect your daily activities around Buffalo, as this information helps support claims for pain and suffering.
• Contact a Dog Bite Lawyer: Reach out to RK&L's dog bite attorneys before speaking with insurance companies or accepting any settlement offers, as early legal guidance can significantly impact your case outcome.

Get Help After a Dog Bite Injury

If you or a loved one has been injured by a dog in Western New York, don't face the legal process alone. RK&L's dog bite lawyers offer free consultations at our downtown Buffalo office to discuss your case and explain your rights. Let our personal injury attorneys handle the legal complexities while you focus on recovery. Contact us today to schedule your confidential consultation.

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Buffalo Dog Bite Lawyer FAQs

How long do I have to file a dog bite claim in Buffalo?

Under New York State law, you typically have three years from the date of the attack to file a personal injury claim. However, we recommend contacting our dog bite lawyers as soon as possible after the incident to ensure crucial evidence is preserved and witness memories remain fresh.

What if the dog owner claims I provoked their dog?

Dog owners often use provocation as a defense in Buffalo dog bite cases. Our personal injury attorneys will gather evidence including witness statements, surveillance footage, and animal behavior expert testimony to establish the true circumstances of the attack and counter false claims of provocation.

Can I pursue compensation if I was bitten by a stray dog?

While it's more challenging, you may have options. Our premises liability lawyers can investigate whether a property owner or municipality had knowledge of the stray dog's presence and failed to address the situation. We also examine whether local animal control followed proper procedures in responding to prior reports.

If I was bitten while working as a delivery driver in Buffalo, who is liable?

You may have multiple avenues for compensation, including workers' compensation benefits through your employer and a personal injury claim against the dog owner. Our dog bite lawyers can help coordinate these claims to maximize your recovery.

What if I was bitten at a friend's house in Buffalo?

Our dog bite lawyers understand the sensitivity of these situations. Most dog bite claims are paid through homeowner's insurance rather than directly by the owner, allowing you to seek fair compensation while maintaining personal relationships.

Does breed matter in a Buffalo dog bite case?

While some breeds have reputations for being more dangerous, New York State law focuses on the individual dog's history and the owner's knowledge of dangerous tendencies rather than breed-specific regulations. However, some Buffalo housing complexes and insurance companies may have breed-specific policies that could affect your case.

What if the dog has no history of biting?

Even without prior incidents, New York law holds owners strictly liable for medical expenses resulting from dog bites. For additional damages, our dog bite lawyers can investigate other signs of aggressive behavior the owner may have ignored.

Will my case go to trial in Buffalo City Court?

Most dog bite cases settle through negotiation with insurance companies. However, our dog bite lawyer prepares every case as if it will go to trial, strengthening our negotiating position and ensuring we're ready if the court becomes necessary.

What if I was bitten during Buffalo's winter months and wearing heavy clothing?

Winter clothing can sometimes mask the full extent of injuries. Our dog bite lawyers work with medical professionals to document all injuries thoroughly, including those that may not be immediately visible, ensuring you receive proper compensation for all harm suffered.

How do I prove the owner knew their dog was dangerous?

Our dog bite lawyer investigate neighborhood complaints, social media posts, veterinary records, and witness statements to establish the owner's knowledge of their dog's dangerous tendencies. We also examine local animal control records for prior incidents.