A sudden, vicious dog bite can leave you reeling, both physically and emotionally. Generally, you have legal avenues to pursue compensation for your injuries. But can you still seek justice even if no one witnessed the attack?
The absence of witnesses does not automatically disqualify your claim
Proving your case may be challenging without witnesses, but it is not impossible. Here are other ways to support your claim:
- Medical records documenting your injuries
- Photographs of the bite wounds and the location of the incident
- Animal control reports if the incident was reported
- The dog’s history of aggression or previous bite incidents
- Testimony from neighbors about the dog’s behavior
- Expert testimony on dog behavior and bite analysis
- Video footage from nearby security cameras or doorbell cameras
New York follows a “mixed” dog bite law system. This means the state combines elements of the “one-bite rule” and strict liability.
Under this system, dog owners are legally responsible for any harm or injuries inflicted by their pets, regardless of whether the dog has a history of aggressive behavior or not. This law may work in favor of victims, as it does not require proof that the owner knew their dog was dangerous.
Timely legal action increases likelihood of obtaining justice
In New York, the statute of limitations for personal injury cases, including dog bites, is three years. This means you have three years after the incident to file a lawsuit. Failing to file within this timeframe may result in losing your right to seek compensation, which can cover your medical expenses and lost wages.
Do not face this legal challenge alone. Your well-being and rightful compensation are important, and an experienced attorney can help protect both.