Will My Animal Attack Claim be Taken Serious if it’s Against an Animal Other than a Dog?
- Posted on: Jan 30 2019
While most court cases concerning animal bites revolve around a dog biting someone, they aren’t the only type of animal that can injure you. The state of New York recognizes that a number of animals may cause harm. Everything from cats to goats can be considered a domestic animal. If one of these animals attacks you, the same laws apply. If someone is keeping a wild animal as a pet, you can also legally sue them. In fact, it’s often easier in this case because the animal is almost guaranteed to be labeled as vicious.
But if you go to court with a case against a cat, a Guinea pig, a bird, or some other animal other than a dog, will your case be taken seriously? It depends on how you present it.
Is Your Injury Serious?
Regardless of what type of animal bit you, you have to be able to show that the bite was serious and required medical care. A small nip that didn’t become infected, didn’t require stitches, and didn’t bleed much is obviously not going to result in a favorable outcome. No claim, even if it involves a dog, will be taken seriously if the injury is relatively minor.
Does the Animal Have a History of Aggression?
New York’s dog laws state that a dog gets one “free” bite if it has never been considered aggressive or has vicious tendencies. The same rule applies to other animals. If you can show a history of aggression, even if the animal has never bitten anyone before, your case will be taken more seriously. This aggression can come from testimony of others who have been around the animal and even from the animal’s owner.
If this is the first time the animal has attacked someone and you can’t show that the owner knew or should have recognized that the animal was dangerous, you’re not likely to win the case. This is usually the key claim you have to make and support in order to walk away with compensation for the animal bite. In order to prove this, you need to work with the experts at Held & Hines LLP. They have years of experience in dealing with many types of animal bites, and they can help you prove your case.