If you were bitten walking past a yard in Cambria Heights, you have probably already heard plenty of advice. A cousin says every dog gets one free bite. A coworker says suing a neighbor will cost you more than it’s worth. The owner says it was your fault for walking too close to the fence. Some of that sounds convincing. Much of it is wrong.
This neighborhood is full of detached homes, including blocks of Tudor-style houses, and plenty of families keep their dogs in yards that face the sidewalk. That puts you, your kids and anyone walking along Linden Boulevard, Francis Lewis Boulevard or Springfield Boulevard within reach of a dog that may not be as friendly as its owner thinks. Below, we take the most common myths one at a time and tell you what New York law actually says, so you can make your next move with clear information.
Myth: “Every dog gets one free bite.”
The reality: New York doesn’t give dogs a free pass, but it does ask you to show something about the dog’s history. You generally need to prove the owner knew, or should have known, that the dog had “vicious propensities.” The state’s highest court explained that rule in Collier v. Zambito (2004).
Here’s the part people miss: a previous bite is only one way to show it. You can also point to a dog that growled, snapped, or lunged at people, one that jumped on visitors, one kept chained or muzzled, a “Beware of Dog” sign on the gate, or complaints from neighbors. If you’ve watched a dog throw itself against a fence every time someone walks by, you may already know more than you think.
Myth: “If the dog has never been declared dangerous, the owner can’t be held responsible.”
The reality: A formal “dangerous dog” finding helps, but you don’t need one. When a dog has been found dangerous under Agriculture & Markets Law § 123, its owner is strictly liable for the medical costs its attacks cause. Without that finding, you can still pursue the owner under the vicious-propensities rule described above.
Myth: “I’d be taking money straight out of my neighbor’s pocket.”
The reality: This one keeps a lot of good people from getting help. In most cases, the money comes from the owner’s homeowners or renters insurance. That’s what those policies are for. Since most dogs in Cambria Heights live in owner-occupied houses, a homeowners policy is usually the first thing we check. You can read more in our article on who pays after a dog attack in Queens.
Myth: “The dog lived in a rented house, so there’s nobody with money to pursue.”
The reality: The tenant who owns the dog may carry renters insurance. And the landlord isn’t always off the hook. A landlord who knew about the dog’s vicious propensities and had the power to make the tenant get rid of it can share responsibility. So can a business or property owner that keeps a guard dog on the premises. If you’re not sure who owns the house, a quick records search can usually answer that, and it’s one of the first things we’ll look into for you.
Myth: “My car insurance will take care of it.”
The reality: Even if you were bitten stepping out of your car, no-fault auto insurance does not apply to dog bites. Your health insurance may pay some bills, but it won’t cover pain, scarring or the days of work you lost.
Myth: “I should just give the adjuster a quick recorded statement and get this over with.”
The reality: You’re allowed to say no. You can decline to give a recorded statement until you’ve talked with a lawyer. Adjusters are often friendly on the phone, but a small phrase like “I guess I startled it” can follow you for the rest of the claim.
Myth: “If I was partly to blame, I get nothing.”
The reality: New York follows pure comparative fault. If some share of the blame lands on you, your compensation is reduced by that share, but you aren’t shut out. Reaching over a fence to pet a dog doesn’t automatically end your case. Our guide to shared fault in New York walks through how this works.
Where We Are
You’ll find us at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, only a few minutes south of you. The map shows the way from Cambria Heights to our office.
Myth: “It’s just a bite. It’ll heal on its own.”
The reality: Some bites do heal cleanly. Many don’t. Punctures can trap bacteria and turn into infections. Bites can damage nerves and tendons. Being knocked down can break a wrist or hip. Scars may need plastic surgery years later. When the dog’s shot records can’t be found, doctors may start you on a rabies series. And the emotional side is real, especially for children, who may become afraid to walk past any yard with a dog in it.
That’s why the first step is always medical care. After that, ask the owner about rabies vaccination, report the bite to the city within 24 hours through the NYC Health animal bite page, and photograph your injuries as they heal, along with torn clothing and the spot where it happened. Collect names of witnesses and save every record.
Myth: “There’s no rush. I can deal with it next year.”
The reality: You generally have three years to file a lawsuit under CPLR § 214, and for a child, the time is generally paused until age 18. But some claims move much faster. If a city agency or public housing is involved, a notice of claim is usually due within 90 days. Even in an ordinary case, witnesses move away and the dog’s history gets harder to prove the longer you wait.
Myth: “A lawyer will cost more than the case is worth.”
The reality: At Yakov Mushiyev & Associates, your first consultation is free, and we work on a contingency fee. That means you pay no fee unless we win. The firm has recovered over $80 million for injured New Yorkers. We speak English, Russian and Spanish, and if you’re laid up, we’ll come to your home, visit you in the hospital or set up a video call. A Cambria Heights dog bite lawyer from our team can look at your facts and tell you plainly whether a claim makes sense.
Now You Know. Here’s the Next Step.
You don’t have to sort through the myths alone. Call us at 718.775.3110, or tell us what happened through our online contact form. We’ll listen and explain your options with no pressure. For more background, see our dog bite practice area and the Cambria Heights injury lawyer page.
And if the bite happened just outside the neighborhood, we’re right there too. Neighbors to the south can visit our page for a dog bite lawyer in Laurelton, while those to the west can check the dog bite lawyer in St. Albans page. Farther north, there’s our dog bite lawyer in Queens Village page, and farther south still, our dog bite lawyer in Rosedale page, close to our office. Whatever you decide, talking to a dog bite lawyer in Cambria Heights costs you nothing.
Attorney Advertising. We wrote this page to share general information about common dog bite misconceptions; it isn’t legal advice, and every case turns on its own facts.