Animal Attacks
We are a nation of animal lovers and while the joys and benefits of our pets are unquestioned, animal attacks are a startlingly regular occurrence that can lead to serious injury or even death.
New York dog bite injuries are the most common type of animal injuries handled by the personal injury lawyers and wrongful death attorneys at Queller, Fisher, Washor, Fuchs & Kool.
In 2008, the American Pet Products Manufacturers Association estimated there were nearly 75 million dogs in the United States – or one dog for every four people.
The Centers for Disease Control and Prevention estimates that 1 in every 50 people will be bitten by a dog this year – or more than 1.4 million bite victims.
The New York dog bite lawyers at Queller, Fisher, Washor, Fuchs & Kool take bite injuries seriously and have the medical and legal knowledge and experience to deal with scaring issues, developmental delays or emotional problems in children and other serious consequences of a New York animal attack.
More than 1,000 people a day will visit the emergency room as the result of a dog bite – the fifth most-frequent cause of emergency room visits.
The average insurance recovery to pay for medical bills as the result of a dog bite attack has been reported at $15,000 to $25,000.
And the number of fatal attacks is on the rise. In 2007, 33 people were killed by fatal dog maulings in 17 states – roughly double the average number of deaths each year in the 1980s and 1990s.
New York law makes the owner or keeper of a dog strictly liable for medical and veterinary costs. However, New York does not recognize owner negligence as a cause of action.
Dog bite cases therefore must proceed on the grounds of strict liability by proving the owner had knowledge of an animal’s vicious nature.
New York is a “one-bite” state, which means the owner is strictly liable if the victim can prove that the owner should have known of a dog’s vicious propensities – such as a prior instance of the dog biting someone.
Aside from having bitten before, viciousness can be proved by a history of growling, snapping or baring of teeth; if the dog is restrained in a manner that would befit a vicious animal; or if the animal acts in a manner that bespeaks the intent or will to harm.
Unfortunately, children are the frequent victim of dog attacks – those ages 5 to 9 have the highest rate of dog-bite injury in the nation. Recovery in children can be complicated by psychological issues, such as panic attacks and a lack of trust, and by the medical challenges associated with growth and the healing of scars.
The New York dog bite attorneys at Queller, Fisher, Washor, Fuchs & Kool understand the issues and know that often times the dog is a neighbor’s pet or even a beloved family pet. We are often called to work with our clients to assist in an insurance recovery from the homeowner, even if it is a friend or relative.
If you or someone you love has been seriously injured in a New York animal attack, the personal injury lawyers and wrongful death attorneys at Queller, Fisher, Washor, Fuchs & Kool offer free appointments to discuss your rights.
Call the New York law office of Queller, Fisher, Washor, Fuchs & Kool at 212-406-1700.
Dog Attack Facts
- Each year 1 in 50 people will be seriously injured enough to report being bitten by a dog – about 4.5 million injuries a year.
- A report by the New York Times found that 4 in 10 owners purchase dogs primarily for protection, including German shepherds, Rottweilers, and Doberman pinschers.
- The American Medical Association reports dog bites are the second-leading cause of injuries to children, surpassing playground injuries.
- Dogs known to the owner account for 80 to 90 percent of all dog bites.
- Dog bites account for about 1 in 4 claims on homeowner’s insurance, costing more than $300 million a year. The average claim for a dog bite was $16,600.
- Rottweilers and Pit bulls are the two breeds most often involved in fatal dog attacks. These two breeds were involved in more than half of the dog attack deaths reported in the United States from 1979 to 1998. During that time, more than 25 breeds were associated with attack deaths.
Dog Safety
A dog and your home:
- Consult with vets, breeders and other professionals about the breed of dog that is right for you and your lifestyle.
- A household with children is not suitable for dogs or breeds with an aggressive history.
- Be sensitive about a child’s fear around a dog.
- Spend time with a potential pet before buying or adopting it. Use caution when bringing a dog into a house around infants or small children.
- Spay or neuter your new pet.
- Do not leave a dog alone with infants or young children.
- Do not wrestle or play aggressively with your dog.
- Teach the dog submissive behaviors (sit, rollover, and giving up food without aggressive behavior.)
- Seek professional advice immediately if dog exhibits aggressive behavior.
Safety Tips for Dogs and Children
- Don’t approach unfamiliar dogs.
- Don’t scream or run from a dog.
- Roll into a ball and lie still if knocked over by a dog.
- Remain still when approached by strange dogs.
- Don’t play with a dog unless an adult is supervising.
- Report stray dogs or dogs behaving strangely.
- Avoid direct eye contact with a dog.
- Do not disturb a dog that is caring for puppies, eating or sleeping.
- Don’t attempt to pet a dog without allowing it to see and sniff you first.
- Report bites immediately to an adult.
Source: Centers for Disease Control and Prevention