Experiencing a dog bite accident can be traumatic and overwhelming. In the aftermath of such an incident in Buffalo, New York, it is crucial to understand the legal process that follows. Ensuring your rights are protected and securing appropriate compensation involves several steps. This guide reflects the most up-to-date legal standards, including the April 2025 Court of Appeals decision in Flanders v. Goodfellow, which expanded victims’ rights in New York dog bite cases.
Immediate Steps to Take Following a Dog Bite Incident
The first moments after a dog bite incident are critical for both your health and any potential legal case. Seek immediate medical attention regardless of the severity of the bite. Prompt medical care not only addresses immediate injuries but also helps prevent infections and other complications. Documentation of your injuries by a healthcare professional is vital and will serve as important evidence should you decide to pursue legal action.
Once your immediate medical needs are addressed, it is essential to report the incident to local authorities. In Buffalo, this typically involves contacting the Buffalo Police Department or the Erie County Department of Health. Official reports create a formal record of the incident, which can be invaluable in any legal proceedings. Gathering information at the scene is also important. If possible, obtain the contact details of the dog’s owner, any witnesses, and take photographs of your injuries and the location where the incident occurred. This evidence can significantly strengthen your case.
Understanding Liability and Dog Bite Laws in New York
As of April 17, 2025, New York law allows victims of dog bites and other animal attacks to pursue both strict liability and negligence claims against the pet owner, thanks to the groundbreaking Court of Appeals decision in Flanders v. Goodfellow.
Two Legal Avenues for Recovery:
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Strict Liability still applies when the dog has known vicious propensities, such as past aggression, biting, lunging, or threatening behavior. If the owner knew or should have known of these tendencies, they are legally responsible for injuries the dog causes.
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Negligence claims are now permitted even if the dog has no history of aggression. A victim may recover damages if the dog’s owner failed to take reasonable steps to prevent the incident, such as securing the animal or warning guests.
This change replaces outdated precedent and significantly strengthens legal protections for victims across New York. Because these claims may involve complex legal and evidentiary issues, it is crucial to consult an attorney familiar with both standards of liability. Legal representation can help ensure all avenues for compensation are pursued.
Dealing with Insurance Companies and Potential Settlements
Following a dog bite incident, you may be approached by the dog owner’s insurance company with a settlement offer. While it may be tempting to accept a quick settlement, it is important to consult with a legal professional before making any decisions. Insurance companies often aim to minimize payouts and may offer a settlement that does not fully cover your medical expenses, lost wages, and other damages.
A seasoned attorney can negotiate on your behalf, ensuring that any settlement offer is fair and adequate. They can also advise you on whether pursuing a lawsuit might be more beneficial in securing the compensation you deserve. Legal representation is especially valuable now that both strict liability and negligence claims may apply, broadening your potential recovery.
Filing a Lawsuit
If negotiations with the insurance company do not lead to a satisfactory settlement, filing a lawsuit may be necessary. The legal process begins with the filing of a complaint in the appropriate court. This document outlines your case, including details of the incident, the injuries sustained, and the compensation being sought. The defendant, typically the dog owner, will then be served with the complaint and given an opportunity to respond.
The discovery phase follows, during which both parties gather evidence, take depositions, and build their respective cases. This phase is crucial, as it allows your attorney to gather the necessary proof to support your claims—including veterinary records, witness testimony, prior complaints about the animal, and expert evaluations.
With the Flanders ruling in place, your case may proceed under either or both legal theories. A strong case could show that the owner knew of the dog’s dangerous behavior (strict liability) or that they failed to take reasonable precautions (negligence). If the case does not settle during or after the discovery phase, it will proceed to trial.
At trial, both sides present their evidence and arguments before a judge or jury. The outcome will depend on the strength of the evidence and the persuasiveness of the arguments presented. While the prospect of a trial can be daunting, it is important to remember that many cases are settled before reaching this stage.
Compensation and Damages in Dog Bite Cases
Victims of dog bite incidents may be entitled to various forms of compensation, depending on the specifics of the case. Medical expenses are often a significant part of the compensation, covering costs for emergency care, surgeries, medications, and ongoing treatments. Lost wages can also be recovered if the injuries have caused you to miss work or have diminished your earning capacity.
In addition to these economic damages, you may be entitled to non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may be awarded if the dog owner’s conduct was particularly egregious. These damages are intended to punish the owner and deter similar behavior in the future.
With the expanded ability to pursue negligence claims, even victims of first-time attacks now have a path to recovery. An experienced attorney will be able to evaluate the full extent of your damages and advocate for the maximum compensation possible.
The Importance of Legal Representation
Navigating the aftermath of a dog bite incident involves numerous legal challenges and complexities. From understanding your rights under New York law to dealing with insurance companies and potentially pursuing a lawsuit, each step requires careful consideration and experience. Having a knowledgeable attorney by your side can make a significant difference in the outcome of your case.
Legal representation provides you with the advantage of professional experience. Attorneys who focus on personal injury cases, including dog bites, are well-versed in the relevant laws and know how to effectively gather and present evidence. They can handle the legal intricacies on your behalf, allowing you to focus on your recovery.
Moreover, an attorney can provide invaluable support and guidance throughout the process. They can explain your legal options, keep you informed of your case’s progress, and represent your interests in negotiations and court proceedings. This support can alleviate much of the stress and uncertainty that often accompanies legal disputes, giving you peace of mind during a challenging time.
Advocating for Dog Bite Victims
Experiencing a dog bite incident can be a harrowing experience, but understanding the legal process can help you navigate the aftermath more effectively. From immediate medical care and reporting the incident to dealing with insurance companies and potentially filing a lawsuit, each step is crucial for protecting your rights and securing the compensation you deserve.
If you or a loved one has been injured in a dog bite incident in Buffalo, do not hesitate to seek legal assistance. The experienced attorneys at Friedman & Ranzenhofer, PC, are prepared to help victims pursue justice under both the traditional and newly expanded legal standards established by the New York Court of Appeals. Contact us today to schedule a consultation and learn more about how we can assist you in your time of need. Our commitment to our clients ensures that you will receive the professional, compassionate, and effective representation you deserve.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup