Free Consultations & We're Available 24/7

Spodek Law Group Treating you like family since 1976

Get Legal Help Today

Attorneys for Cyclists Injured by Attacking Dogs30 Jan 2019

How Fast It Can Happen You may have rode at the local park or in a recreational area. This has become a popular site among dog walkers, and in a split second, a dog can dart out and either run into the bike or start maliciously attacking the individual on the bike. Even in some cases where physical contact never happened but you still got injured, you have a potential case.

Dog Owners Liable for Injuries

Dog owners have a responsibility to anyone who gets injured because of their dog. If the other person peacefully conducted themselves, and they were injured because of a runaway dog, they could be held responsible. Both city and state laws can come into effect. For example, let’s say that the person didn’t have a leash on the dog.

Homeowner’s Insurance for Dog Bites

Let’s say that a homeowner gets sued because of a dog that bit someone. Under many circumstances, the insurance policy will cover the dog bite and the damages. The home gets covered, but you also get liability coverage in the event that someone got injured. This can also cover the injuries that took happened while away from the home. If you were injured by a homeowner’s dog, you might file a lawsuit against their homeowner’s insurance company. If they don’t have insurance, you would file the lawsuit against them directly.

What’s the Typical Reward for These Cases?

As a typical reward for these cases, you have a couple of different factors that come into play. They include:

  • Lost income
  • Pain and suffering
  • Medical bills
  • Property damage like broken glasses or a damaged bike
  • Punitive damage if the dog owner’s conduct was wreckless

If the victim of the dog bite were to share some of the blame for getting bitten, they will sometimes see reduced compensation.

Criminal Liability

In the state of New York, the courts could hold the individual with the dangerous dog responsible for a crime. Under New York law, you could get charged with a misdemeanor. These charges could stick if the dog had previously been labeled as a dangerous dog, and the homeowner took no actions to stop it. The individual responsible could also be held responsible if they failed to take reasonable action to stop the dog from biting someone else. Finally, they could be held criminally responsible if the victim suffered a severe injury because of the dog bite. The New York courts label it as a serious injury if it causes death, serious disfigurement or an ongoing impairment. Under these circumstances, the dog owner could see criminal charges against them.

New York Dog Bite Code

Under Section 121, a dangerous dog will classify as one that attacks and injures a person or a farm animal without justification for doing so. It could also be a dog that behaves in a fashion where it could pose a serious threat to other people. The one exception to this rule comes from a law enforcement dog that was trained to carry out their duty in law enforcement. If you were injured while riding a bicycle in the state of New York, you should contact an attorney as soon as possible because evidence begins to fade immediately after an accident. The longer you wait, the more that you could jeopardize your chances of getting fair compensation. If someone else acts negligently they need to be brought to justice so that it doesn’t continue to happen to others. A dog that has bitten one person will likely bite others if given the chance. Taking legal action can spurn the dog owner to act more responsibly in the future.

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to your inquiry within 24-hours guaranteed.