Walking by the Hudson River in Kingston Point Park, Jonah enjoys some much
needed rest and relaxation. The day is warm, but the shade of the trees
and a brisk breeze keep him cool and comfortable.
Many other people are enjoying the park as well. Some are riding their
bikes, others are practicing baseball, and others are walking their dogs.
Jonah sees one cute pooch up ahead at the tree line with the owner in tow.
Looks like a tiny dog; a miniature Doberman Pincher or a Chihuahua. The
dog, its owner, and Jonah quickly approach each other. Just as the two
parties are about to cross paths, the dog unexpectedly jumps at Jonah
and bites his hand.
The dog owner is startled just as much as Jonah. Jonah screams in pain
and agony as blood drips from his hand. The owner is about to faint from
the sight of the wound, and the dog continues to bark and growl uncontrollably.
The owner exclaims, “I am so sorry, my little Russ has never been
aggressive in any way to anybody. Please, let me take you to the hospital
or at least call 911.”
Russ, after being treated at the hospital, starts to become more and more
agitated about the event. Sure the dog (a Chihuahua it turns out) was
cute, cuddly, and had never bitten anyone before, but he cannot shake
the pain and fear of the whole ordeal. Russ now considers suing the pet
owner, but he does not know how to prove a successful case.
Experienced Newburgh dog bite attorneys know that several important things need to be proved in order to win a
dog bite case. Of course, there must have been an attack. The injuries
caused by the attack must be proven as well. And the damages suffered
by the victim must be pleaded and proved. There must be a showing that
the animal had “vicious propensities” too.
What does it mean for a
dog to be vicious in the legal sense? Does breed matter? Must the dog have attacked before?
Breed does not matter and that alone will not place a dog into the vicious
category. Also, the dog can be considered vicious even if it has not attacked
or bitten anyone in the past. Snarling, growling, barking, and the like
at people can be other signs of vicious propensities.
Whether or not Russ will be successful in his suit will depend upon all
Learn more about outdoor summer BBQs, pool parties, personal injury and
civil litigation in
our latest article posted here. Read more about injuries occurring at pool parties and who is liable
for injuries in
our blog posted here. Learn more about getting hurt by a drunk driver while coming home from a BBQ in
our blog posted here. Read more about slip and falls while walking outdoors and if you have
a case in
our blog posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.