The Hole doesn’t look like much of the rest of New York. You have low-lying lots near Linden Boulevard, side streets that flood after a hard rain, and yards where horses and other animals share space with family dogs. Fences can be patchy, and gates don’t always latch. So when a dog here gets out, or when you step onto a lot without realizing a dog is loose, a bite can happen fast.
If that’s what happened to you, take a breath. You have options, and you don’t have to sort them out alone. Below, you’ll find a table that matches common situations in The Hole to the people who may be responsible and the first thing you should do. After that, we explain the pieces in plain terms, the way a dog bite lawyer in The Hole would if you were sitting across the table from us.
Your situation at a glance
| What happened | Who may be responsible | Your first step |
|---|---|---|
| A dog got out of a yard with a gap in the fence and bit you on the street | The dog’s owner, usually paid through homeowners or renters insurance | Get medical care, then find out who owns the dog and whether it has had its rabies shots |
| You were bitten while visiting or working on someone’s lot | The dog owner, and possibly the property owner if they knew the dog was dangerous | Photograph the yard, the fencing and any warning signs before they change |
| A tenant’s dog bit you on a rented property | The owner, and possibly a landlord who knew about the dog and could have had it removed | Write down who lives there and who owns the property |
| A guard dog on a business lot attacked you | The business or property owner keeping the dog | Note the business name, the address and anyone who saw it |
| You were bitten on the job | Your employer’s workers’ compensation, plus a possible separate claim against the dog owner | Tell your employer right away and keep a copy of the report |
| Your child was bitten | The owner, with the time to sue generally paused until your child turns 18 | Get your child checked by a doctor and keep every record, including notes on fear or nightmares |
| The bite involved city property | Possibly a city agency or public authority | Act quickly, because a notice of claim is usually due within 90 days |
You’ll notice the table keeps saying “possibly.” That’s because who is responsible depends on the facts, and in particular on what people knew about the dog before the attack. More on that below.
What you need to show about the dog
In New York, you generally have to show that the owner knew, or should have known, that the dog had “vicious propensities.” The Court of Appeals set out that rule in Collier v. Zambito (2004). It’s less abstract than it sounds. Evidence can include:
- earlier bites, even ones nobody reported
- growling, snapping or lunging at people
- jumping on people or knocking them down
- a “Beware of Dog” sign
- a dog kept chained or muzzled
- complaints from neighbors
There’s also a stronger rule for dogs already found dangerous. Under Agriculture & Markets Law § 123, the owner of such a dog is strictly liable for the medical costs its attacks cause. If you want the longer explanation, our New York dog bite law guide goes through it step by step.
Coming to our office
You’ll find us at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. The map below shows the route from The Hole. If a trip feels like too much right now, we’re happy to come to your home, visit you in the hospital or set up a video call.
Deadlines, side by side
These dates matter more than most people realize. Here they are in one place:
| Deadline | How long | Where it comes from |
|---|---|---|
| Report the bite to NYC Health | Within 24 hours | NYC animal bite reporting |
| Notice of claim for city or public authority claims | Usually 90 days | General Municipal Law § 50-e |
| File a personal injury lawsuit | Generally 3 years | CPLR § 214 |
| Children’s claims | Generally paused until age 18 | CPLR § 208 |
What to collect, and why it helps
You don’t need to become an investigator. But a few things are much easier to gather in the first days than months later:
| What to keep | Why it matters |
|---|---|
| Photos of your wounds, taken again as they heal | They show the insurer what the bite did over time, including scarring |
| Photos of the lot, the fence and the gate | Loose fencing and open gates can change quickly after an attack |
| Your torn or bloody clothing | It backs up your account of how hard the dog bit |
| The owner’s name and the dog’s rabies status | It affects your treatment and tells us whose insurance to look for |
| Names and numbers of witnesses | Neighbors may also know whether the dog has bitten or lunged before |
| Medical bills, receipts and notes about missed work | These are the building blocks of what your claim is worth |
What your claim can cover
You might be dealing with puncture wounds, torn skin, an infection, nerve or tendon damage, or a broken bone from being knocked to the ground. If no one could confirm the dog’s vaccinations, you may have needed rabies shots. Some bites leave scars that call for plastic surgery. And many people, kids especially, carry fear long after the wounds close.
A successful animal bite claim can include your medical bills, future care such as scar revision, lost wages, pain and suffering, and disfigurement. If you were partly to blame, maybe you walked onto a lot without asking, New York’s pure comparative fault rule reduces what you receive by your share. It doesn’t take it away.
And if you’re uneasy about going after a neighbor, you should know that most dog bite claims are paid by the owner’s homeowners or renters insurance. You can also say no when the insurer asks for a recorded statement until you’ve spoken with a lawyer.
How we can help you
Yakov Mushiyev & Associates is a personal injury firm based in Rosedale, and we’ve recovered over $80 million for injured New Yorkers. When you work with a dog bite lawyer in The Hole from our office, we track down the owner and any insurance, gather proof about the dog, and handle the calls with the adjuster. You’ll have someone to ask when something doesn’t make sense. English, Russian and Spanish are all spoken at our office.
Your first conversation costs nothing, and you won’t owe a fee unless we win. Pick up the phone and dial 718.775.3110, or tell us what happened through our contact page. You can also read more on our dog bite injury practice page and our injury lawyer page for The Hole.
Nearby neighborhoods
The Hole sits right on the Queens-Brooklyn border blocks, and plenty of our clients live a short walk away. If your bite happened nearby, these pages may fit you better:
| Neighborhood | Page |
|---|---|
| Howard Beach | dog bite lawyer in Howard Beach |
| Ozone Park | dog bite lawyer in Ozone Park |
| South Ozone Park | dog bite lawyer in South Ozone Park |
| Hamilton Beach | dog bite lawyer in Hamilton Beach |
For more on who ends up paying, see who pays after a dog attack in Queens.
Attorney Advertising. Everything on this page is general information meant to help you get oriented. It isn’t legal advice, and your own case may differ.