Dogs are friendly companions. But what happens when they turn into furry beasts that could potentially harm and injure others? Dog bites can be a traumatic and painful experience for the victims. It causes physical suffering and emotional damage, along with costing you money and time.
If you or your loved one fell victim to the dog bite, you have the right to recover damages for the pain, trauma, medical bills, and other expenses. You can pursue the dog owner for damages and medical treatment through a premises liability claim. According to the U.S. Centers for Disease Control (CDC), statistically, more than 4.5 million people are victims of dog bites and injuries annually in the United States.
The New York City Department of Health reports 4,000 dog bite cases in New York every year. Insurance companies try to deny the claims or reduce the monetary compensation for your injuries as much as possible. Don’t let the insurance companies get their way. You deserve rightful compensation for the traumatizing experience. Contact experienced dog bite injury lawyers in Newburgh to ensure you are correctly compensated for the dog bite lawsuit.
There can be cases where your premises liability claim is not upheld. You should be aware of these to protect your rights. Here are 5 reasons why your dog bite claim might be denied or reduced in Newburgh, NY.
- Failure to Report Within Time Limit: The victim needs to report the incident to the authorities and dog owner. Under New York law, the statutory time period is within three years from the day of injury. If the statutory time frame passes, your right to compensation might be forfeited. You should get a medical examination on the day of the dog bite, regardless of the severity of the injury.
- Trespassing: Dogs are primarily used as protectors. Trespassing on the dog owner’s property during the time of the incident might get your claim rejected. The defendant might get the upper hand if you were present there unlawfully. To counteract this situation, the victim needs to prove that they were there for a lawful reason.
- Negligence & Provocation on Your End: Dogs are man’s best friend but not so much if threatened or provoked. If the victim is partially responsible for instigating the dog that led to the injury, the injury claim might be denied altogether.
- Lack of Evidence: To file a successful dog bite claim in Newburgh, you need evidence. It plays a vital role in proving the defendant’s negligence was the cause of the injury. Failing to provide strong evidence may weaken your claim.
- Bitten by a Service Animal: If the victim was bitten by a service dog, your claim might be difficult to pursue. Generally, service animals are exempt from liability. However, it can still work out if the service dog has a history of aggressive behavior or if it is proven that it was not provoked.
You must consult a qualified and experienced personal injury lawyer to determine if your dog bite claim is valid or not and how to pursue the legal procedures to ensure the rightful compensation you deserve.
