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Dog Bites
in New York
and New Jersey


Dog-Bites-represented-by-Foulke-Law-Firm-Goshen-Newburgh-NY-NJ
THERE IS A
BIG DIFFERENCE
BETWEEN DOG BITES
IN NEW YORK
AND DOG BITES
IN NEW JERSEY!


What is the
Main Difference
between Dog Bites
in New York
and Dog Bites
in New Jersey?


If the dog bite occurred in New York and resulted in significant injury to warrant a legal action, there are several possible factors which will affect the outcome of the case. If it is proven that the dog’s owner did not know about the dog’s tendency to bite, New York’s “one free bite” rule may apply which means the owner will not be held liable for your injuries. However, there are exceptions to this rule discussed below which can reverse this decision.

In New Jersey, which is a “strict liability” state, the dog’s owner will be held responsible for your injuries regardless of his knowledge of his dog’s tendencies to bite.

What is the Main Difference
between Dog Bites in New York
and Dog Bites in New Jersey?


If the dog bite occurs in New York and results in significant injury to warrant a legal action, there are several possible factors which will affect the outcome of the case. If it is proven that the dog’s owner did not know about the dog’s tendency to bite, New York’s “one free bite” rule may apply which means the owner will not be held liable for your injuries. However, there are exceptions to this rule discussed below which can reverse this decision.

In New Jersey, which is a “strict liability” state, the dog’s owner will be held responsible for your injuries regardless of his knowledge of his dog’s tendencies to bite.

It is Critically Important
to do Two Things Immediately
After a Seriously Harmful
Dog Bite in Either State!


1. Report Your Incident

Since you may not know the full impact of the injury right away, you should report the dog bite incident to the local authorities, which may be the police or the dog warden for your location. If anyone contacts you as a result of your report, you should not discuss the incident until you do the next urgent thing.

2. Call a Good Lawyer

If your dog bite injury is serious, you will need an experienced Dog Bite Lawyer. For over 30 years, Evan M. Foulke, Esq. at Foulke Law Firm, which maintains offices in both New York and New Jersey, has gained invaluable knowledge from his numerous successful dog bite cases in both states.

Because there are strict time limits in both states to which any legal case pertaining to a dog bite incident must conform, you should consult with a lawyer right away.

It is Critically Important
to do Two Things Immediately
After a Dog Bite in Either State!

1. Report Your Incident

Since you may not know the full impact of the injury right away, you should report the dog bite incident to the local authorities, which may be the police or the dog warden for your location. If anyone contacts you as a result of your report, you should not discuss the incident until you do the next urgent thing.

2. Call a Good Lawyer

If your dog bite injury is serious, you will need an experienced Dog Bite Lawyer. For over 30 years, Evan M. Foulke, Esq. at Foulke Law Firm, which maintains offices in both New York and New Jersey, has gained invaluable knowledge from his numerous successful dog bite cases in both states.

Because there are strict time limits in both states to which any legal case pertaining to a dog bite incident must conform, you should consult with a lawyer right away.

Possible Exceptions to the
"One Free Bite" Rule in New York


If the owner of the dog which has bitten someone in New York had knowledge of the dog's inclination to bite from past history (which is why dog bites should be reported!), or should have known based on the dog's breed*, the "one free bite" rule may not be applicable.

*While a dog's breed may be indicative of a propensity to bite based on years of functioning to accomplish specific tasks, such as herding, hunting, guarding, etc., it is more the responsibility of the dog's owner to guide his dog's behavior within the context of today's world, through training and control to minimize such risks.

In cases where a dog bite is viewed as an unprovoked attack, the owner is usually held liable for damages, which could include destruction to property as well as injury or death of a "companion" or farm animal. In some instances, the dog is ultimately labeled as "dangerous." This may result in a number of subsequent penalties such as muzzling, strict confinement, warning signage, and in extreme cases, euthanasia.

Possible Exceptions to the
"One Free Bite" Rule in New York

If the owner of the dog which has bitten someone in New York had knowledge of the dog's inclination to bite from past history (which is why dog bites should be reported!), or should have known based on the dog's breed*, the "one free bite" rule may not be applicable.

*While a dog's breed may be indicative of a propensity to bite based on years of functioning to accomplish specific tasks, such as herding, hunting, guarding, etc., it is more the responsibility of the dog's owner to guide his dog's behavior within the context of today's world, through training and control to minimize such risks.

In cases where a dog bite is viewed as an unprovoked attack, the owner is usually held liable for damages, which could include destruction to property as well as injury or death of a "companion" or farm animal. In some instances, the dog is ultimately labeled as "dangerous." This may result in a number of subsequent penalties such as muzzling, strict confinement, warning signage, and in extreme cases, euthanasia.

What Dog Breeds
Bite Most Often?


In a 2019 study performed by International Journal of Pediatric Otorhinolaryngology which examines data about facial and neck-related dog bites in children, breeds which bit most often with the most severe injuries were scientifically calculated. Their findings follow:

What Dog Breeds
Bite Most Often?


In a 2019 study performed by International Journal of Pediatric Otorhinolaryngology which examines data about facial and neck-related dog bites in children, breeds which bit most often with the most severe injuries were scientifically calculated. Their findings follow:

•   Pit Bulls
•   Mixed Breed
•   German Shepherd
•   Terrier
•   Rottweiler

Although the study's first breed in order of frequency and severity was "unknown," that finding was later translated to be breeds with short, wide heads and a body weight between 60 and 100 pounds, which tends to describe the pit bull. Also, it was found that breeds that were not spayed or neutered were more likely to bite.

While up to thirty different breeds were identified as prone to biting, according to studies done in many areas of this country, there are additional factors that may provoke any dog to bite, and could convince a judge to excuse the dog's behavior in some cases. Such reasons include:

Although the study's first breed in order of frequency and severity was "unknown," that finding was later translated to be breeds with short, wide heads and a body weight between 60 and 100 pounds, which tends to describe the pit bull. Also, it was found that breeds that were not spayed or neutered were more likely to bite.

While up to thirty different breeds were identified as prone to biting, according to studies done in many areas of this country, there are additional factors that may provoke any dog to bite, and could convince a judge to excuse the dog's behavior in some cases. Such reasons include:

•   The dog was provoked by the victim with taunting, torture or the threat of danger in some way
•   The dog was abused, ill or diseased
•   The dog was startled by the victim
•   The dog was protecting its owner, its property, its family, or its own puppies
from a trespassing criminal
•   The dog was reacting to pain or suffering

Although some breeds have certain "aggressive" or "protective" traits from centuries of reinforcement as guard dogs or hunting dogs, for instance, a dog's owner has the onus of controlling the dog's behavior to be acceptable within today's social environment, regardless of the dog's genetic or historical background.

Although some breeds have certain "aggressive" or "protective" traits from centuries of reinforcement as guard dogs or hunting dogs, for instance, a dog's owner has the onus of controlling the dog's behavior to be acceptable within today's social environment, regardless of the dog's genetic or historical background.

What Dog Breeds
Are Considered
Least Likely to Bite?


From numerous sources, the following abbreviated list of breeds contains those most often cited as the "safest," "least aggressive," and "least prone to biting." However, it bears repeating that any and all dogs can be provoked to bite under certain circumstances. The breeds mentioned below are notorious for having a placid temperament and a sweet demeanor. Yet, there will be some pet lovers who will insist that the pit bull is also a very lovable and gentle canine. It all comes down to personal experience and responsible ownership.

What Dog Breeds
Are Considered
Least Likely to Bite?


From numerous sources, the following abbreviated list of breeds contains those most often cited as the "safest," "least aggressive," and "least prone to biting." However, it bears repeating that any and all dogs can be provoked to bite under certain circumstances. The breeds mentioned below are notorious for having a placid temperament and a sweet demeanor. Yet, there will be some pet lovers who will insist that the pit bull is also a very lovable and gentle canine. Additionally, there will be some who will claim that some of the breeds on the list below have been known to bite. It all comes down to personal experience and responsible ownership.

•   Golden & Labrador Retrievers
•   Newfoundland
•   Portuguese Water Dog
•   Poodle
•   Beagle
•   Basset Hound
•   Bulldog
•   Bernese Mountain Dog


How A Dog Bite
Can Impact Your Life


According to the American Animal Hospital Association, of the approximately five million victims of dog bites nationally, most are children bitten by the family pet. And of those incidents, less than twenty percent result in serious injury. A range of such injuries can include:

How A Dog Bite
Can Impact Your Life


According to the American Animal Hospital Association, of the approximately five million victims of dog bites nationally, most are children bitten by the family pet. And of those incidents, less than twenty percent result in serious injury. A range of such injuries can include:

•    Bleeding
•    Scarring and Disfigurement
•    Soft Tissue Injury
•    Infection and Disease
•    Internal Injury
•    Fractured Bone
•   Traumatic Brain Injury which can occur if the victim falls and
hits their head as a result of the attack
•   PTSD, post-traumatic stress disorder and other psychological repercussions

Plus, there are additional ways a dog bite can affect your life, which include:

Plus, there are additional ways a dog bite can affect your life, which include:

•    Medical Bills
•    Pain and Suffering
•    Lost Income from Employment
•    Physical Therapy
•    Rehabilitation Efforts


It is Essential That You
Contact a Lawyer
As Soon As Possible


If you, a member of your family, or an animal you own has been attacked and bitten, threatened or killed by a dog, it is very important that you discuss your incident with a very reliable lawyer. Attorney Evan Foulke knows the many complicated aspects of the dog bite laws which differ in New York and New Jersey. If the dog bite injury resulted in death, Mr. Foulke is also highly knowledgeable about and experienced in Wrongful Death suits. In fact, his $5.599 million wrongful death trial verdict was a landmark case, the largest in New York State history!

His skills in combating the typical responses from insurance companies to avoid their financial responsibilities in dog bite cases has been proven repeatedly. Finally, he is one of the most successful personal injury lawyers to deliver the financial results you deserve.

You should contact the Foulke Law Firm to learn your legal rights pertinent to your circumstances. Call or e-mail the law offices to schedule a free initial consultation.

Attorney Foulke handles dog bite cases on a contingency basis. This means you will owe nothing for legal services until your case collects compensation from anyone proven negligent in your incident, and if applicable, any associated insurers.


It is Essential That You
Contact a Lawyer
As Soon As Possible


If you, a member of your family, or an animal you own has been attacked and bitten, threatened or killed by a dog, it is very important that you discuss your incident with a very reliable lawyer. Attorney Evan Foulke knows the many complicated aspects of the dog bite laws which differ in New York and New Jersey. If the dog bite injury resulted in death, Mr. Foulke is also highly knowledgeable about and experienced in Wrongful Death suits. In fact, his $5.599 million wrongful death trial verdict was a landmark case, the largest in New York State history!

His skills in combating the typical responses from insurance companies to avoid their financial responsibilities in dog bite cases has been proven repeatedly. Finally, he is one of the most successful personal injury lawyers to deliver the financial results you deserve.

You should contact the Foulke Law Firm to learn your legal rights pertinent to your circumstances. Call or e-mail the law offices to schedule a free initial consultation.

Attorney Foulke handles dog bite cases on a contingency basis. This means you will owe nothing for legal services until your case collects compensation from anyone proven negligent in your incident, and if applicable, any associated insurers.







Call Us for a Free Consultation!

Call or email us to set up a
Complimentary Initial Consultation:
845 294 4308.