The force of a dog’s jaw is measured in Pounds per Square Inch (PSI), and breeds like the Kangal, Cane Corso, and Mastiff are consistently ranked among the most powerful. However, from a legal and personal safety standpoint, the more critical question is not which breed has the strongest bite, but what happens when any dog bites you.
A bite from even a small dog can cause significant injuries, leading to complex medical and legal challenges. If you have been injured by a dog on Long Island, it’s important to know your rights and legal options.
Call us today at (631) 451-7900 for your free consultation.
Key Takeaways about Dog Bites
- The strength of a dog's bite is measured in Pounds per Square Inch (PSI), with some large breeds having a bite force of over 700 PSI.
- For a personal injury claim, the severity of the wound, infection, and scarring are more significant factors than the dog's specific breed or PSI measurement.
- In order to hold a dog owner strictly liable, New York law requires proof that a dog's owner knew or should have known about the animal's "vicious propensities".
- New York also allows a claim to be pursued based on standard negligence claims. For example, if a homeowner did not fix a broken gate allowing their dog to escape their property and injure someone, they can be held responsible even if the dog had no prior vicious propensities.
- A recent New York law prevents insurance companies from denying homeowners' coverage based solely on the breed of a dog they own.
- Victims of dog bites in New York may be able to recover compensation for medical bills, lost income, and pain and suffering.
Understanding Bite Force: What Does PSI Really Mean?
When we talk about bite force, we are referring to the pressure a dog can exert with its jaws. This is scientifically measured as Pounds per Square Inch (PSI). To put it in perspective, humans have an average bite force of about 162 PSI, while a gray wolf can reach around 400 PSI. Some domestic dog breeds have been bred to have exceptionally powerful jaws, far exceeding those of their wild relatives.
While there is no single, universally agreed-upon list, studies and expert analysis generally identify several breeds known for their incredible bite strength.
- Kangal: This Turkish livestock guardian is often cited as having the strongest bite, with estimates reaching over 740 PSI.
- Cane Corso: An Italian Mastiff, this breed is known for a bite force that can exceed 700 PSI.
- Dogue de Bordeaux: This French Mastiff is another powerful dog, with a bite force estimated to be around 556 PSI.
- Rottweiler: A familiar and powerful breed, Rottweilers can exert a bite force of approximately 328 PSI.
It is important to remember that these numbers are estimates. The actual force can vary from one dog to another. More importantly, a dog with a lower PSI can still inflict devastating injuries. The real danger lies not in the number itself, but in the physical damage a bite can cause.
How Damaging Was That Dog Bite? A Legal Perspective
Dog bites can cause a range of serious injuries that go far beyond a simple puncture wound. The sharp canine teeth are designed to tear, and the immense pressure from the jaws can crush tissue, bone, and nerves.
From a legal standpoint, the documented severity of your injuries is a cornerstone of any personal injury claim. Insurance companies and courts will look at the tangible harm you suffered, which often includes:
- Puncture Wounds and Lacerations: Deep cuts that can damage muscles, ligaments, and tendons. These often require stitches and can lead to permanent scarring.
- Nerve Damage: A deep bite can sever or damage nerves, leading to loss of sensation, chronic pain, or limited mobility in the affected area.
- Broken Bones: The force of a powerful dog’s jaw can be strong enough to fracture bones, particularly in the hands, arms, feet, and legs.
- Infections: A dog's mouth contains numerous bacteria. According to the Cleveland Clinic, up to 18% of dog bites become infected. Dangerous bacteria like Capnocytophaga can lead to severe illness, especially in people with weakened immune systems.
- Scarring and Disfigurement: Serious bites often leave permanent scars, which can cause emotional distress and may require costly cosmetic surgery to address.
Seeking immediate medical attention after any dog bite is crucial not only for your health but also to create an official record of your injuries. This medical documentation becomes vital evidence if you decide to pursue compensation.
Can I Get Compensation for a Dog Bite in New York?
If you were bitten by a dog in New York, you might be able to recover compensation for your injuries. New York used to only allow recovery for a dog bite if the owner was aware of a prior vicious propensity of the dog. This was often referred to as the “one bite” rule.
However, the law has since changed and now also allows a recovery based solely on negligence of the dog owner. This means that if the dog owner acted in a negligent manner, resulting in an injury from the dog, you can recover against the owner. An example of this would be if the owner had a broken fence gate that they failed to repair, which allowed the dog to escape their property.
A victim can still hold the owner strictly liable if the dog had vicious propensities the owner was, or should have been, aware of. Vicious propensities is a legal term that doesn't mean the dog is "vicious" in a general sense. It simply means the dog has shown a tendency to act in a way that could endanger others. Evidence of this might include a history of biting, growling, snapping, lunging at people, or even being trained to fight or be aggressive.
If you can establish that the owner was aware of these tendencies, you may be able to hold the owner strictly liable for the full extent of your losses, including:
- Medical Expenses: All costs related to your treatment, from the initial emergency room visit to future surgeries or physical therapy.
- Lost Wages: Income you lost while unable to work during your recovery.
- Future Lost Earning Capacity: If the injury causes a permanent disability that affects your ability to earn a living.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the attack and your injuries.
- Scarring and Disfigurement: Damages related to the long-term cosmetic and emotional impact of permanent scars.
These same damages can be sought if negligence on the part of the owner can be established.
Fortunately, a recent change in New York law offers greater protection for bite victims. In New York, insurance companies can no longer refuse to issue or renew a homeowners' policy based on the specific breed of dog someone owns. This helps ensure that a source of compensation is available, regardless of whether the dog was a so-called "dangerous breed."
What to Do After a Dog Bite on Long Island
The steps you take after a dog bite incident, once you are in a safe location, can help protect both your health and your legal rights. Navigating the process can feel difficult, but taking organized action is key. After receiving initial medical care, consider the following steps.
- Identify the Dog and Owner: If possible, get the name and contact information of the dog's owner. Also, gather contact details for anyone who witnessed the incident. Their account could be helpful later.
- Document Everything: Take clear pictures of your injuries as soon as possible and continue to photograph them as they heal. Also, take photos of the location where the bite occurred, whether it was a public park like Heckscher State Park or a neighbor’s yard in a Suffolk County community. Be sure to preserve the clothing you were wearing at the time of the attack.
- Report the Incident: Contact your local animal control agency or health department to file a formal report. For residents of Nassau County, this would be the Nassau County Department of Health, while Suffolk County residents would report to the Suffolk County Department of Health Services. This creates an official record of the event.
- Follow Medical Advice: Continue with all follow-up appointments, physical therapy, and treatment plans prescribed by your doctors. Consistent medical records demonstrate the seriousness of your injuries.
Under New York law, you generally have three years from the date of the incident to file a personal injury lawsuit. However, if the dog was owned by a government entity, such as a police department or local Sheriff, you may have only 90 days to file a notice of claim. It is always wise to act promptly to preserve your options.
When to Hire a Long Island Dog Bite Lawyer
While some minor bites might be resolved directly with an owner's insurance company, involving a lawyer is often necessary for cases involving serious injuries. Insurance adjusters work for the insurance company, and their goal is to pay out as little as possible. A Long Island dog bite lawyer works for you, advocating for your best interests at every stage.
An attorney can help by:
- Investigating the Dog's History: A lawyer has the resources to conduct a thorough investigation to uncover evidence of the dog's prior vicious propensities, which is essential for your case.
- Handling Insurance Communications: They will manage all correspondence and negotiations with the insurance company, protecting you from tactics designed to devalue your claim.
- Calculating Your Total Damages: It is difficult to put a number on pain and suffering or future medical needs. A skilled lawyer can assess the full value of your case to pursue fair compensation.
- Navigating the Legal Process: They can explain the typical timeline for a dog bite case, whether it resolves through a settlement or needs to be pursued in court, allowing you to focus on your recovery.
Hiring legal representation sends a clear message to the insurance company that you are serious about receiving the compensation you deserve for the harm you have suffered.
Dog Bite FAQs
Here are answers to some common questions our clients have about dog bite cases in New York.
Does the dog’s breed affect my personal injury case in New York?
From an insurance coverage perspective, the breed cannot be the sole reason for a denial of a homeowners' policy. In terms of liability, the case hinges on proving the owner's knowledge of the individual dog’s aggressive tendencies, not the reputation of its breed. The strength and size of the dog may, however, be relevant to the severity of the injuries.
What if the dog that bit me had never bitten anyone before?
A prior bite is strong evidence, but it is not the only way to prove vicious propensities. If the owner knew the dog frequently growled, snapped, or lunged at people, or if the dog was kept as a guard dog, this could be enough to show the owner was aware of a potential danger. Additionally, if the owner was negligent in its ownership or control of the dog, recovery can be pursued.
Can I be held partially at fault for a dog bite?
Yes, New York follows a rule of pure comparative negligence. This means if you are found partially at fault—for example, by trespassing on private property or provoking the dog—your potential compensation could be reduced by your percentage of fault. An owner may still be held liable even if you are partially responsible.
Who pays for the damages in a dog bite claim?
In most cases, compensation for a dog bite claim is paid by the dog owner’s homeowners' or renters' insurance policy. These policies typically provide liability coverage for injuries caused by the policyholder's pets.
Do I have to go to court for a dog bite lawsuit?
The vast majority of personal injury cases, including dog bites, are resolved through a settlement with the insurance company before ever reaching a courtroom. However, it is important to work with a law firm that is fully prepared to take your case to trial if a fair settlement offer is not made.
Contact a Long Island Personal injury Lawyer at Rosenberg & Gluck, LLP
If a dog bite has disrupted your life, you need a trusted legal team to fight on your behalf. The legal team at Rosenberg & Gluck, LLP is dedicated to helping personal injury victims on Long Island fight for the compensation they need to heal and move forward. We have a long track record of success in the local courthouses of Nassau and Suffolk counties.
Our firm focuses exclusively on personal injury law, allowing us to provide dedicated and knowledgeable representation for our clients. We have the resources to take on insurance companies and are always prepared to carry a case through trial if necessary. For a free, no-obligation consultation to discuss your case, call us today. We can assist you in both English and Spanish.
Call us today at (631) 451-7900 for your free consultation.