Dogs are part of daily life in Howard Beach. You see them on the waterfront streets along the canals, on leashes outside the shops on Cross Bay Boulevard, and in the walkways of the Lindenwood co-ops. Almost all of them are fine. When one isn’t, and someone gets hurt, the question that usually decides the case is a simple one: did the owner already know this dog could be dangerous?
This page is about how that gets proved. It is written for people in Howard Beach who were bitten, or whose child was bitten, and who want to understand what evidence matters and how we go looking for it. As a Howard Beach dog bite lawyer, most of what we do in the first weeks of a case is gather proof, so it helps to know what that proof looks like and why it counts.
Why “what the owner knew” is the center of the case
In New York, a person hurt by a dog generally has to show that the owner knew, or should have known, that the dog had what the courts call “vicious propensities.” The state’s highest court laid out that rule in Collier v. Zambito (2004). It sounds like a high bar. In practice, it often comes down to ordinary facts that neighbors, mail carriers and dog walkers already know.
There is one important exception. If a dog has been formally found to be dangerous under Agriculture & Markets Law § 123, the owner is strictly liable for the medical costs of its attacks. Finding out whether that has already happened is one of the first things we check.
The kinds of proof that tend to matter
No single item wins a case. It is usually a handful of small facts that, put together, show the owner was on notice. Here is what we look for.
Earlier bites
A previous bite, even a minor one that nobody reported, is strong evidence. Sometimes the earlier victim is a neighbor, a relative of the owner or another dog’s owner.
Growling, snapping and lunging
A dog that regularly lunges at the fence, snaps at kids on bikes or growls at people passing by gives its owner a warning. Neighbors who saw it can describe it.
Jumping on people
A large dog that knocks people over or jumps at them is also relevant, even before any bite. Someone who was pushed to the ground by the same dog last summer may be an important witness for you.
Signs, chains and muzzles
A “Beware of Dog” sign on a gate, a dog that is always chained in the yard, or one that has to wear a muzzle on walks can all suggest the owner understood the risk. We photograph these things quickly, because signs have a way of disappearing after an attack.
Complaints
If people have complained about the dog, to the owner, to a building or co-op office, or through 311, those complaints can show the owner was told. We look for records of them.
Vet and shelter records
Veterinary notes sometimes mention aggression or handling problems. If the dog came from a shelter or rescue, its records may describe behavior issues. These usually come out through the legal process, and they can be very telling.
Finding our office from Howard Beach
We are at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. The map shows the way from Howard Beach. You are welcome to visit, but you don’t have to: we can come to your home, see you in the hospital or meet by video.
How we go about the investigation
Evidence fades. People move, memories blur and signs come down. So we try to start early. A typical investigation looks something like this:
- We talk with you first. You often know more than you think, like whether the dog barked at you before or whether a neighbor once said something about it.
- We walk the block. We talk with neighbors, and with the regular walkers and delivery people who pass the house every day.
- We check for past reports. That includes earlier bite reports and 311 complaints, where they can be found.
- We document the scene. Photos of the yard, the fence, the gate and any signs, taken while they still look the way they did.
- We ask for the dog’s records. Licensing, rabies vaccination, vet visits and any shelter history.
- We look at who else knew. In the co-ops, a board or management company that knew about a dangerous dog may be involved. A landlord who knew and could have removed the dog can also be liable.
What you can do to help
A few things are easiest to do right away, and they make a real difference later:
- Get medical care, and keep every record.
- Learn the owner’s name and ask if the dog has had its rabies shot.
- Report the bite to NYC Health within 24 hours on the city’s animal bite page.
- Photograph your wounds as they heal, plus your torn clothes and the place it happened.
- Write down who saw it, and anything a neighbor told you about the dog.
If the bite happened in Frank M. Charles Memorial Park or another green space, note whether the dog was on a leash. City rules generally call for a leash of six feet or less in public, and off-leash time is limited to designated areas and hours. A loose dog outside those rules is worth mentioning to us.
What the evidence is working toward
All of this proof has one purpose: showing who is responsible so that you can be compensated. That can cover your medical bills, future treatment like scar revision, lost wages, pain and suffering, and disfigurement. The payment usually comes from the owner’s homeowners or renters insurance, not from the neighbor’s own pocket. If you were partly at fault, New York’s pure comparative fault rule lowers your recovery by your share without cutting it off.
Keep the calendar in mind too. You generally have three years to sue under CPLR § 214, the time is generally paused for children until they turn 18, and claims tied to city property usually need a notice of claim within 90 days.
For a deeper look at the law, read our overview of New York dog bite laws or how New York law treats Queens dog bite cases. Our dog bite practice page covers the rest, and our Howard Beach injury lawyer page describes the other cases we handle locally.
Let’s talk about what happened
You don’t have to know whether you have a case before you call. That’s our job. A dog bite lawyer in Howard Beach from our firm will listen, ask a few questions and tell you plainly what we think. The consultation is free, and there is no fee unless we win. We speak English, Russian and Spanish, and the firm has recovered over $80 million for injured New Yorkers. Reach us at 718.775.3110, or write to us here.
Hurt a little farther from home? We also have pages for a dog bite lawyer in Hamilton Beach, just over the footbridge, as well as for Ozone Park and The Hole.
Attorney Advertising. We wrote this page to share general information about proving a dog bite case; it is not legal advice about your own situation.