When a dog bites someone, people usually ask one question first: whose fault is this? In Springfield Gardens, a residential neighborhood near JFK with homes, yards and parks where dogs are everywhere, the answer isn’t always just “the owner.” Depending on where the bite happened and who knew what, several different people or organizations may share responsibility. This page goes through each of them, one at a time, in plain language.
Knowing who is responsible matters for a simple reason. It decides which insurance policy pays for your medical bills, your time off work and the pain you’ve been through.
Start Here: The Rule Behind Every Claim
Before we get to the list, it helps to understand the rule New York uses. In most cases, you have to show that the person responsible knew, or should have known, that the dog had “vicious propensities.” That standard comes from a 2004 decision of New York’s highest court, Collier v. Zambito.
That doesn’t mean the dog must have bitten someone before. Signs such as growling, snapping, lunging, jumping on people, a “Beware of Dog” sign, keeping the dog chained or muzzled, or complaints from neighbors can all help show that someone knew there was a problem. Keep that idea in mind as you read. It comes up for almost every party below.
1. The Dog’s Owner
The owner is almost always the first person we look at. If the owner knew the dog had shown aggression, they can be held responsible for the harm it caused.
There’s also an extra rule for dogs that have been officially declared “dangerous.” Under Agriculture & Markets Law § 123, the owner of a dangerous dog is strictly liable for the medical costs of its attacks, which means those costs can be recovered without proving what the owner knew.
Here’s something that often surprises people: in most cases, the money doesn’t come from the owner’s bank account. It comes from their homeowners or renters insurance. So if the dog belongs to someone down the block from you, a claim is usually a matter between you and their insurance company. Our article on who pays after a Queens dog attack explains more.
2. A Landlord
Plenty of families in Springfield Gardens rent a house or part of one. If a tenant’s dog bites you, the landlord may also be responsible, but only in certain situations. The landlord generally has to have known about the dog’s vicious propensities and had the power to remove the dog, for example through the lease. If neighbors complained to the landlord about the dog and nothing changed, that history can matter a great deal.
3. A Co-op or Condo Board and Management
Not everyone lives in a house. In buildings with shared hallways, lobbies and courtyards, the board or management company can become part of the picture when they knew about the dog. Letters, emails and meeting notes showing that residents raised concerns can help show that knowledge.
Our Office and How to Get There
Yakov Mushiyev & Associates is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, not far from you at all. Take a look at the map for the route from Springfield Gardens to our door.
4. A Business With a Guard Dog
Along commercial stretches like Rockaway Boulevard and Merrick Boulevard, and in the areas close to the airport, some businesses keep dogs to watch their property. A building owner or business can be responsible for a dangerous dog on its premises, and that includes guard dogs. If you were bitten while making a delivery, picking up a car or simply walking past an open gate, the business may be answerable for what happened. And if you were on the clock when it happened, you would generally receive workers’ compensation through your own employer, while still possibly having a separate claim against the dog’s owner or the business that kept it. Those two paths can run side by side, and it helps to have someone keep track of both. Our page on premises liability covers how property owners can be held responsible for dangers on their property.
5. A Dog Walker or Sitter
Sometimes the owner wasn’t there at all. A walker had the leash, or a sitter was watching the dog for the weekend. Cases like these depend heavily on their facts. We look at who had control of the dog, what that person had been told about its behavior, and whether the owner had already seen signs of aggression. Even when someone else was holding the leash, the owner’s own knowledge usually stays at the center of the claim, and the owner’s insurance is often still involved.
6. City Housing
If you were bitten on the grounds of public housing, or if a city agency may share the blame, the rules change in one very important way: time. A claim against a municipality or public authority, such as NYCHA, usually requires a formal notice of claim within 90 days under General Municipal Law § 50-e. That’s only about three months. If there’s any chance a public body is involved, please don’t wait to get advice.
What About My Own Part in It?
You might worry that you did something wrong, like reaching toward the dog or walking onto a lawn. Our state applies what’s called pure comparative fault. Your compensation can be reduced by your share of the blame, but you can still recover. And no matter who ends up responsible, remember that no-fault car insurance does not cover dog bites.
Protecting Your Claim Against Every Party
Whoever turns out to be responsible, the same early steps help:
- See a doctor right away, and follow up.
- Find out who owns the dog and ask about rabies vaccination.
- Report the bite to the city within 24 hours using the NYC Health animal bite form.
- Take photos of your wounds as they heal, your torn clothing and the place it happened.
- Write down witnesses’ names and numbers, and keep every bill.
- Politely decline a recorded statement until you’ve talked with a lawyer.
Generally, you have three years to file a lawsuit, and for children, the time is usually paused until they turn 18. A claim can cover medical bills, future care like scar revision, lost wages, pain and suffering, and disfigurement.
We’re Here When You’re Ready
Figuring out who is responsible is exactly the kind of work a Springfield Gardens dog bite lawyer can take off your plate. At our firm, the first consultation is free, and you pay no fee unless we win. We’ve recovered more than $80 million for injured New Yorkers, we speak English, Russian and Spanish, and we can meet you at home, at the hospital or over video.
Whenever you feel up to it, call 718.775.3110, or leave us a note on the contact page. You can also learn about our dog bite cases and visit our Springfield Gardens injury lawyer page.
We also help families beyond the neighborhood. Close by, there’s our dog bite lawyer in Laurelton page, our dog bite lawyer in Rosedale page, and our dog bite lawyer in Brookville page. Whichever one fits, a dog bite lawyer in Springfield Gardens is only a phone call away.
Attorney Advertising. This information about responsibility for dog bites is general in nature and should not be taken as legal advice for your own circumstances.