New York Personal Injury Lawyer Blog

We have been receiving more calls from clients who suffered dog bites by pit bulls, Doberman pinschers, German shepherds, and numerous other breeds. If this happens to you, what do you do to protect your legal rights?

First, make sure that you obtain the owner's information, especially the address, and find out as much information as you can about the dog--its name, whether it has been licensed, had all of its shots, and most importantly, had the dog bitten anyone previously--this is critical information as will be discussed further below.

Second, if a cell phone or camera is available, take photographs of the dog, and of the property where you suffered the injury.

Third, you must report the incident to the police so that there is an official report. Make sure that the police officer investigating the incident questions the dog owner about rabies shots and prior bites by the dog. The issue of previous attacks or bites by the dog is vital to a successful claim against the dog owner, based on the legal concept of notice. Notice means that the dog owner knew (or should have known) that his or her dog was dangerous based upon a previous attack, yet did not properly restrain or fence in the dog to prevent future attacks.

Fourth, obtain prompt medical attention for your injuries at an emergency room or your private doctor. It is very important to confirm with the triage nurse or staff at the doctor's office that they described the incident accurately, including where the dog bite happened, how it happened, and when it took place. We have seen numerous situations in which hospitals do not accurately describe the circumstances of an incident, which causes many complications when we are attempting to resolve the case for the client.

Fifth, obtain a copy of the police report of the incident if some time has passed before you seek legal counsel. If there are any inaccuracies in the police report, you should notify the department immediately that you wish to file an amended report so that all information in the report is correct.

Continue reading "New York Dog Bites--What To Do If You Are Injured" »

If you are bitten by a pit bull in a Bronx County dog bite incident, for example, here is a list of what you should and should not do:

Find out immediately from the dog owner if the animal has had its rabies shots so you are aware of the extent of this potential risk;

Try to locate and identify any witnesses to the dog bite, and if possible, obtain the names, addresses and phone numbers of these witnesses;

Immediately report the incident to the local police precinct or division to have a report prepared;

Question the owner of the dog, assuming the owner will tell you this, as to whether the dog ever exhibited any "dangerous propensities" previously, including biting, jumping on people, or even aggressive barking--this is critical information in establishing fault against the dog's owner;

Obtain from the owner the name, address and phone number of any homeowner or renter's insurance company, and with this information, make an initial claim against that insurance company;

Get immediate treatment for your injuries, especially in cases of severe trauma and where it is unclear if the dog has been vaccinated against rabies;

If possible, try to obtain photographs of the dog by requesting that a family member or friend assist you in this effort;

DO NOT UNDER ANY CIRCUMSTANCES sign any release sent to you by an insurance representative who offers to pay your medical or hospital bills in exchange for your signed release, which prevents you from bringing a claim for your pain and suffering and emotional trauma;

DO NOT GIVE ANY SIGNED STATEMENT OR A TAPE RECORDED INTERVIEW TO AN INSURANCE AGENT;

Do not speak with the owner of the dog if he or she calls you after the bite, other than to obtain insurance information or more information about the dog's history and vaccination records.

If you have been the victim of a New York dog bite, contact The Law Office Of Mark A. Siesel online or at 888-761-7633 for an aggressive, experienced advocate who will fight the insurance companies and defense lawyers to obtain the maximum possible compensation for your pain and suffering, emotional trauma, lost earnings and medical bills.

90 year old Henry S. Piotrowski of Staten Island was mauled by two pit bulls in his yard earlier this month, causing severe injuries which required doctors at Richmond Hospital to amputate one leg. The two male pit bulls were apparently owned by Mr. Piotrowski's neighbor, and managed to get into the yard through a fence which separated Mr. Piotrowski's house from the dog owner's residence. Another neighbor, Reginald Bell, stopped the pit bull attack by scaring the dogs off with a butcher knife. He described the attack as like "lions attacking a gazelle." The dogs were found by police around the corner, corralled, and taken to a Brooklyn shelter, where they were euthanized.

Under New York State law, a dog owner will be found legally responsible if he or she knew or should have known of the "vicious propensities" of their dog. Generally speaking, Pit Bulls are frequently believed to be dangerous by a large segment of the public, but the law does require that the dog owner have prior knowledge that the dog was dangerous (through prior bites or menacing) before they will be held legally responsible.

Continue reading "90 Year OId Staten Island Man Mauled By Neighbor's Pit Bulls" »

The Law in New York regarding dog bites has been relatively unchanged for many years. In order to be found at fault if your dog bites someone, the key issue is whether you knew, or should have known, of the dog's "vicious propensities." Vicious propensities include the tendency to do any act which might endanger the safety of persons or property in a given situation.

Examples of vicious propensities include a previous bite first and foremost, but would also include growling, chasing, lunging at, snapping, or baring of teeth. Although there is a widespread belief that owners are entitled to "one free bite", by which they are not responsible until their dog has bitten someone on two occasions, this is not the law in New York. Simply put, a prior bite is not required to prove "vicious propensities." Further, although a jury might be more inclined to believe this, there is no specific provision of the law by which dogs such as pit bulls or German Shepards are automatically considered more dangerous.

The key factor is the owner's knowledge concerning the likelihood that his or her dog might harm another person.

Continue reading "The Dog Bit Your Neighbor--Are You Legally Responsible?" »