Although it is definitely important that the law is not in a constant state of flux, changing from day to day such that no one knows if they are breaking the law, it is equally important that laws can be adapted to fit the needs of our time. As more and more information about a particular subject comes to light, the legal system should adjust accordingly. Similarly, if it becomes clear the a law continues to produce results that have a net-negative affect on society, such laws should be reconsidered as to promote goals that coincide with the general welfare of the population.
In New York, laws surrounding the legal effects of dog bites have recently come under scrutiny. According to experts, New York’s dog bite laws are “antiquated”, and in need of proper reform. The major problem, according to experts, is that there is no statute governing what happens when a person suffers a dog bite. Instead, courts go off the common-law regime, which leaves much undefined and up to interpretation. It places a very difficult burden upon the victim to prove that the dog in question not only had a “violent propensity,” but that the dog’s owner knew about the dog’s violent propensity.
Experts point to other states, such as Delaware and New Jersey, which essentially hold that if your dog bites and severely injures someone, then you’re responsible for it. There is no requirement to prove the violent tendencies of the dog or the knowledge of the owner. Experts also lament that there appears to be no change in sight, as the decades old New York laws seem firmly entrenched.
If you or a loved one has been injured as the result of a dog bite, you may be entitled to significant monetary relief. Act now and contact an expert dog bite attorney here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to discuss your potential claim. Call our injury attorney specialists today at 617-787-3700 or email us at email@example.com for your free and private consultation. Your needs are our top priority!