Does dog breed matter when it comes to dog attacks? People might think that with dog attack cases, the dog breed involved in the attack would be significant in a personal injury lawsuit, but experienced Buffalo personal injury attorneys will tell you it’s not. While some breeds of dogs, such as Pit Bulls or Doberman Pinschers, may have a reputation for being more dangerous, New York State courts have determined that a dog’s breed is not evidence of a particular dog’s vicious propensities.
To receive compensation for injuries caused by dog attacks, in New York, the courts have ruled that the dog breed is not as essential as proof that the specific dog involved had a tendency to engage in dangerous behavior and that the owner was aware of this tendency. A personal injury lawyer must often prove that the dog owner knew that specific dog had “vicious propensities” prior to an attack. As a result, personal injury lawyers are usually less concerned about the dog breed, concentrating their efforts on finding evidence that the dog exhibited aggressive behavior before the attack. Evidence of vicious propensities may include previous incidents of snapping, snarling, or jumping up on people. Courts may also consider whether the animal is a guard dog instead of just a pet. Despite this, experienced personal injury attorneys understand that every dog is unique, regardless of breed. In addition, they recognize that individual temperament, training, and upbringing play a significant role in a dog’s behavior. Therefore, when building a case for compensation in dog attack incidents, legal professionals focus on gathering evidence demonstrating the specific dog’s prior dangerous behavior rather than relying solely on generalizations about its breed.
In pursuing justice for their clients, personal injury lawyers thoroughly investigate the dog attack’s circumstances. They interview witnesses, review medical records, and consult experts in animal behavior to build a compelling case. They aim to establish a clear pattern of the dog’s aggressive tendencies and prove that the owner was aware of them before the attack occurred.
It is important to remember that dog attacks can cause severe physical and emotional trauma, and victims deserve appropriate compensation for their injuries. Therefore, by focusing on the dog’s behavior rather than its breed, personal injury attorneys ensure that the justice served is based on the specific facts of each case and dispelling stereotypes and prejudices associated with certain dog breeds while allowing the legal system to focus on accountability and prevention rather than generalizations.
If you have experienced a dog attack or have been bitten by a dog and have any questions regarding this topic, please feel free to call our office at 716-600-0000 for a free case review.
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