We recently settled a case for $375,000 for a 23-year-old client who has permanent scarring after a dog charged across the street and bit her on the leg. In New York, the fact that you were bitten by a dog does not automatically entitle you to compensation. New York has traditionally followed the common law “one-bite rule,” which means that a dog owner is not automatically liable for the first bite or injury caused by their dog. The owner may only be held liable if they were aware of their dog’s aggressive tendencies or had knowledge that the dog had bitten someone before. Fortunately, this rule does not entitle the dog owner to “one free bite.” To recover in tort for a dog bite or attack, a plaintiff must prove that the dog had vicious propensities and that the owner of the dog knew or should have known of such propensities; “vicious propensities” include the propensity to do any act that might endanger the safety of the persons and property of others in a given situation. Vicious propensities of the dog may be established by showing that when around others the dog growls, snarls, barks, lunges, or bears its teeth. If the dog is kept as a guard dog that may also be sufficient to show the dog had vicious propensities. In addition to the dog’s owner, a landlord may be held responsible for a dog bite. To recover against a landlord, an injured party must show that the landlord (1) had notice that a dog was being harbored on the premises; (2) knew or should have known that the dog was being harbored on the premises; (3) knew or should have known that the dog had vicious propensities; and (4) had sufficient control of the premises to allow the landlord to remove or confine the dog. WHEN ARE YOU ENTITLED TO COMPENSATION Dog Bites and the Law
Whether you love to hike, ski, snowboard, or simply live in a cold climate where a car trip can find you stuck in a massive snow storm, you need to learn how to protect yourself from frostbite and hypothermia. You never know when you might be caught outside in frigid temperatures! Here are a few tips to remember in case you find yourself in a dangerous situation. 1. FIND OR BUILD A WIND SHELTER. Icy wind can slice through even the warmest winter gear and quickly sap your body heat. If you’re stuck outside in an urban area, you can shelter behind a wall. Some survivalists even recommend emptying a large trash can and climbing inside until the weather dies down because plastic is a great insulator. (Fun fact: Winter cyclists wear plastic “socks” over or under their real socks to protect their feet from the cold.) Trees can provide a natural wind shelter in the wilderness, or you can build a snow cave in a snowy, treeless area. Pile the snow around you into a drift, then burrow inside to protect yourself from the wind. Dig all the way to the ground if you can, and block most of the entrance to your cave with whatever you have on hand — a backpack, pine boughs, or more snow. (Search YouTube for demonstrations of how to build a snow cave for survival. It is knowledge that is better to have and not need, rather than need and not have.) 2. PROTECT YOUR LUNGS FROM THE COLD. Breathe through your nose and cover your mouth with a scarf or other clothing. These steps will warm the air you breathe, prevent shortness of breath, and keep your core temperature up. 3. MELT SNOW BEFORE YOU EAT IT. You might be tempted to eat snow if you feel thirsty, but this can have a dangerous effect on your body temperature. Instead, melt the snow into water before consuming it. Ideally, you have a water bottle or canteen with you. Fill it with snow, slide it inside your jacket, and wait for your body heat to melt the snow. These tips aren’t a substitute for the basics like staying home in bad weather, wearing layers, packing survival gear, and learning to build a fire. But they can help you stay warm until help arrives! Outdoor Survival Tips Every Winter Sports Lover Should Know
If you, a friend or a loved one has been bitten by a dog, please contact us for a free consultation.
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