- If I am bitten by a dog, is the owner automatically responsible?
- Is it true that I must prove that the dog bit somebody else before me?
- How are damages determined?
- Will I have to go to court?
If I am bitten by a dog, is the owner automatically responsible?
The owner is not automatically responsible unless either:
- The dog bites you while off a leash and not on the owner’s property.
- The owner had prior knowledge that the dog had some “vicious propensities”.
Is it true that I must prove that the dog bit somebody else before me?
No. It is only necessary that you show that the owner had prior knowledge of the dog’s vicious propensities. Although the fact that a dog bit somebody before you may be the best way of showing vicious propensities, it can also be shown in other ways, such as the fact that the dog would often growl or bark at strangers, strain at his leash, and that there were “Beware of Dog” signs on the property, etc.
How are damages determined?
If your case goes to trial, damages are determined by either a judge or a jury. The judge or jury at your trial will listen to testimony from you as to how the injury has affected your life, and will listen to testimony from your doctor, as to how this injury has affected you physically and how it may affect you in the future.
Will I have to go to court?
Very few cases actually go to trial. In our practice, more than 90% of the cases settle without going to court. However, it is important that the lawyer representing you is experienced in trying personal injury cases, rather than just going for a quick settlement. Your attorney should have a reputation with the defense lawyers and insurance companies as someone who can and will take a case to trial, should they offer you an unreasonable settlement or no settlement at all. We find that our very high success rate in trying cases in court has enabled us to obtain better settlements for our clients and has also made it less likely that we will have to go to trial. But, if we do have to go to trial, we can assure you that we will put all of our resources, time, experience, and knowledge behind your case to make sure you get the best possible results.
You should always meet the lawyer who will actually handle your case to make sure you feel comfortable in placing this important matter in his hands. Look over Paul Goldstein and Mark Metzger’s biographies and make “The Right Choice”.
If you have further questions, please contact us at 1-845-473-7000 or e-mail us at: gm@goldsteinmetzger.com.












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