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    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
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      • Daniel E. Brickley
  • Practice Areas
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        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
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        • Machinery / Equipment Injuries
        • Construction Accidents
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        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
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      • Wrongful Death
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      • Divorce Mediation
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      • Spousal Support
      • Divorce & Family Law FAQ
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How Much Can I Sue for a Dog Bite?

Dog Bites Overview

Long Island dog bite lawyersA dog bite can cause serious injuries. The emotional scars may be even deeper. If the dog that bit you was previously reported for aggressive behavior, you might have a cause of action against its owner based on the legal theory of negligence per se. For more information, contact our Long Island dog bite lawyers today at Winkler Kurtz, LLP. 

What’s Negligence Per Se?

Negligence per se is a common law concept in which liability is imposed without a showing of actual carelessness if certain facts are proven. In dog bite cases, negligence per se can arise where the owner knew or should have known that the dog had dangerous propensities—such as prior attacks on people or other animals—and failed to prevent injury by taking reasonably prudent steps.

Understanding New York Dog Bite Cases

The concept sounds intimidating, but it’s actually pretty simple. Here’s what you need to know about negligence per se in New York dog bite cases.

(1) The owner knew or should have known of the dog’s dangerous propensities. If you were bitten by a dog, your burden is to show that the owner knew or should have known of the animal’s propensity to attack without provocation. This is usually proven by showing that the dog had bitten someone before, but you can also prove it by showing that the dog exhibited other aggressive behaviors.

(2) The owner failed to prevent injury with reasonable care. If you can show dangerous propensities and lack of precautions on the part of the owner, then you have shown negligence per se. But you still have to show that the owner’s failure to take precautions was negligent—that is, that a reasonable person in the same situation would have taken measures to protect others from the dog.

(3) The injured party was not at fault. If you were partly or totally responsible for your injury, you cannot collect damages, even if negligence per se exists. This is an application of the general rule that a person who negligently injures someone else cannot recover for his own injuries based on the other person’s negligence.

(4) The injury proximately resulted from the dog bite. If you can prove facts showing all four elements—dangerous propensities, lack of precautions on the owner’s part, negligence on the part of the owner, and your lack of fault—then you have a cause of action for negligence per se. But there are additional requirements that must be met before you can collect damages. If you were bitten by someone else’s dog while lawfully in a public place or on private property, you will not be able to recover if the injury resulted from your own negligence in the “opera­tion of any vehicle,” unless the bite or other injury resulted from a sudden slip or fall while you were walking.

(5) Damages are limited by statute. If you can bring a successful negligence per se claim, damages are limited to medical expenses or other reasonable costs incurred as a result of the injury, and punitive damages are not permitted.

(6) Damages may be reduced by comparative negligence. Even if your dog bite claim meets the requirements for negligence per se, your total recovery can be reduced by any percentage that you were at fault. For example, if your case meets the requirements of negligence per se and a jury awards you $20,000 in damages, but you were 10 percent responsible for what happened, your total recovery will be reduced to $18,000.

Other Important Notes Regarding Dog Bites

In addition to negligence per se claims based on previous attacks by the dog or its owner’s knowledge of such an attack, owners may also be liable under a theory of negligence per quod . In order to establish this theory, you must prove that the dog was in fact dangerous—for instance, there were previous attacks by the animal.

Contact Our Long Island Dog Bite Lawyers

If you’ve suffered an injury due to another party’s negligence, we can help. Dog bites are a serious matter, but our Long Island dog bite lawyers are here to provide you with assistance. Give us a call today at 631-928-800 or fill out the form on our website by clicking here.

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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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