While it may seem that the breed of a dog involved in an attack could be important in a personal injury lawsuit, experienced Buffalo personal injury attorneys will tell you that it is not. Most dog bite cases revolve around the issue of whether the owner was aware that his or her dog had “vicious propensities” prior to an attack, and the New York State courts have determined that the breed of a dog is not evidence of a particular animal’s vicious propensities.
What is important is evidence that the specific dog involved in the attack had a tendency to engage in dangerous behavior and that the owner was aware of this tendency. As a result, if you have been bitten by a dog and choose to pursue damages in a personal injury lawsuit, your attorney will want to look into the dog’s prior behavior. Evidence of vicious propensities may include prior incidents of snapping, snarling or jumping up on people. Courts may also consider whether the dog was kept as a guard dog or a pet.
Whether other evidence is indicative of vicious propensities depends on the specific circumstances of the case. For example, the fact that the owner normally kept a dog tied up is not necessarily indicative of vicious propensities, unless there is additional evidence establishing that the reason the dog was kept tied up was because the owner was concerned that the dog would engage in dangerous behavior if released.
If you have been bitten by a dog and have any questions regarding this topic, please feel free to call our office at 716-542-5444. We would be happy to help.
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