New York has its own laws regarding dog bites, but the following are some of the basic rules. First of all, canine professionals, including dog trainers, dog groomers and veterinarians, are not eligible for compensation because the risk of a bite comes with their job. Those who trespass on a property, provoke the dog, tease it or attack its owner cannot qualify if they are bitten.
However, apartment landlords, trailer park owners and owners of people-centered businesses like day care centers and elderly care facilities can be held liable if a dog under their supervision bites a resident or entrant. For an effective claim, it must be shown that the dog was dangerous. New York operates under the "one bite" rule, which means owners are not liable when a dog with no violent history bites someone for the first time.
Victims with a valid claim can strive for one of two types of settlements: structured and lump-sum settlements. The courts usually award lump-sum settlements although victims may negotiate for one with the insurance companies. The court has the power to approve or reject settlements.
Taxes are another consideration; victims may pay high taxes on lump-sum settlements and no taxes on structured settlements. Settlements can cover not just physical injuries but also future medical expenses, lost wages and even emotional distress.
Those who believe they have a case under premises liability law might want to hire a lawyer. Personal injury lawyers may have a network of professionals to investigate an incident, determine the extent of the injuries, and determine the rights and duties of both sides. After the evidence of negligence has been put together, the lawyer may be able to negotiate for a fair settlement. If one cannot be achieved, the lawyer might prepare the case for court.
