Factors That Affect Dog Bite Accident Settlements in Buffalo

If you or a loved one has recently been involved in a dog bite accident in Buffalo, you may be feeling overwhelmed and unsure about what steps to take next. You’re likely wondering how to handle the medical expenses, whether the dog owner will be held responsible, and if there’s any way to get compensation for the pain and suffering you’ve experienced. At this moment, it’s important to know that you’re not alone in this. Our team at Friedman & Ranzenhofer, PC understands the confusion and stress that can come with a dog bite case, and we are here to guide you through this difficult time. As you navigate the legal process, understanding the factors that can affect your settlement will give you a clearer picture of what to expect as you move forward.

Understanding Dog Bite Liability in Buffalo

Before diving into the specifics of settlement factors, it’s important to understand how liability now works in dog bite cases in Buffalo, following a major legal change. As of April 17, 2025, New York law recognizes two distinct paths to compensation for victims of dog attacks, thanks to the Court of Appeals’ landmark ruling in Flanders v. Goodfellow.

1. Strict Liability: This long-standing doctrine still applies. A dog owner can be held strictly liable for injuries if they knew—or reasonably should have known—that their dog had “vicious propensities,” such as past aggressive behavior, lunging, growling, or attacking. If such tendencies can be proven, the owner may be held accountable regardless of how careful they were at the time of the incident.

2. Negligence: In a major shift, New York now allows victims to also pursue claims based on negligence, even if the dog has no history of aggression. If a dog owner fails to take reasonable precautions to prevent an attack—such as securing the animal, using a leash, or warning others of potential danger—they can be found negligent and liable for resulting injuries. This standard aligns New York with the majority of other states and provides broader protections to victims.

This dual-path framework means that victims no longer need to rely solely on proving a dog’s prior aggressive behavior to receive compensation. Instead, they can also build a case based on the dog owner’s failure to exercise reasonable care.

Severity of the Injuries

The extent of your injuries plays a major role in determining the amount of compensation you may be entitled to after a dog bite. Injuries can vary greatly, from minor scratches to severe wounds requiring surgery and long-term rehabilitation. If the bite resulted in serious physical harm, disfigurement, or permanent damage, it is more likely that you will be entitled to higher compensation. The emotional and psychological impact of the injury also matters. For example, if the dog bite has led to ongoing trauma or anxiety, these effects can also be considered when evaluating the total compensation.

Medical Expenses and Future Treatment

The medical costs you incur as a result of the dog bite injury are an essential part of your claim. These expenses include the cost of emergency room visits, doctor’s appointments, surgeries, medications, and any ongoing physical therapy that may be necessary. In addition to current medical expenses, you may also be entitled to compensation for future medical care. For example, if you require additional surgeries or long-term treatment due to scarring, nerve damage, or other complications, these costs should be included in the settlement calculation.

Loss of Income and Earning Capacity

Another significant factor that can influence your settlement is whether you’ve had to miss work or if the injury affects your ability to work in the future. If you were unable to go to work due to the dog bite injury, your lost wages are a critical component of your case. In some instances, the dog bite may lead to long-term or permanent disability, affecting your ability to return to your previous job or pursue other career opportunities. Compensation for lost earning capacity is something that can be considered if your injuries lead to a permanent decline in your ability to work at full capacity.

The Dog Owner’s Insurance and Resources

One of the factors that can greatly impact the amount of your settlement is the financial resources available to cover your damages. If the dog owner has insurance coverage, this will typically be the source of compensation. However, if the owner does not have insurance or lacks adequate coverage, obtaining a full settlement may be more difficult. In some cases, the dog owner’s personal assets may be taken into account, but this depends on their financial situation. The insurance policy limits and how willing the insurer is to settle out of court will play a big role in how much compensation you ultimately receive.

Contributory Negligence and Your Role in the Incident

In some dog bite cases, the injured person may have contributed to the situation in some way, such as by provoking the dog or failing to follow safety precautions around the animal. If you were partially at fault for the incident, your settlement could be reduced based on the degree of your responsibility in the situation. This is known as contributory negligence, and New York follows a comparative negligence rule. This means that even if you are partially responsible, you may still be entitled to compensation, but the amount will be adjusted according to your percentage of fault.

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Evidence and Documentation of the Incident

To successfully pursue a dog bite settlement, solid evidence is critical. The more documentation you can provide, the stronger your case will be. Photos of your injuries, medical records, witness statements, and a police report (if applicable) all play an important role in establishing the details of the incident. In many cases, the settlement will depend heavily on the strength of your evidence. The clearer it is that the dog was at fault and that the injuries were caused by the attack, the more likely you are to receive a favorable settlement.

Negotiating with Insurance Companies

In many dog bite cases, you will need to negotiate with the insurance company representing the dog owner. Insurance companies are motivated by their bottom line, so they will often try to minimize your settlement offer. This is where the experience of an attorney can be especially valuable. Having a skilled lawyer to handle the negotiations can help you get the compensation you deserve. Lawyers are trained to deal with insurance companies and will fight to ensure that you are not taken advantage of during settlement discussions.

Pre-Existing Conditions and Impact on Your Case

If you had pre-existing conditions that were aggravated by the dog bite, it is important to include these details in your case. For example, if the dog bite caused further damage to a previous injury, or if you already had an underlying medical condition that made your recovery more complicated, these factors should be considered in your settlement. While pre-existing conditions might complicate your case, they do not automatically disqualify you from receiving compensation. However, insurance companies may use them to argue that the injury was not as severe as you claim. That’s why it’s important to have medical professionals involved in your case who can testify to the impact of the dog bite on your overall health.

The Settlement Process and Time Frame

The settlement process for a dog bite case can take time, and the length of time it takes to reach a settlement can vary depending on many factors. Some cases are resolved quickly, while others may take longer if there are disputes about liability or damages. Once a settlement offer is made, you will need to carefully review it with your attorney before deciding whether to accept it. If the settlement offer is too low, your lawyer may advise you to decline it and continue negotiations or pursue a trial.

If you are dealing with the aftermath of a dog bite accident in Buffalo, we understand how difficult this time can be. The pain, medical bills, and emotional distress can feel overwhelming, and you might be unsure of where to turn for help. That’s where our team at Friedman & Ranzenhofer, PC comes in. We are committed to fighting for the justice and compensation you deserve. With years of experience handling dog bite cases, we know how to navigate the complexities of these types of claims, from dealing with insurance companies to gathering the necessary evidence for a successful outcome.

If you are ready to take the next step in your dog bite case, we invite you to contact our office for a consultation. We will review the details of your case, answer your questions, and provide guidance on the best course of action. Let us help you get the compensation you deserve so that you can focus on healing and moving forward. Reach out to Friedman & Ranzenhofer, PC today.

 

Robert Friedman

Michael Ranzenhofer

Sam Alba

Justin Friedman

John Dracup