Dog bites can cause deep puncture wounds, infections, nerve damage and permanent scarring, especially on the face and hands, and especially for children. If you or your child was bitten in Queens, you may be wondering who pays for the ER visit, the plastic surgeon and the time off work. A Queens dog bite lawyer can explain how New York’s unusual dog bite rules work.
New York’s dog bite rules
New York doesn’t follow a simple “the owner is always liable” rule. Instead:
- Medical costs: If the dog was previously found to be a “dangerous dog” under Agriculture and Markets Law § 121, the owner is strictly liable for the victim’s medical costs.
- Full damages: To recover for pain, suffering and scarring, you generally have to show the owner knew or should have known the dog had “vicious propensities,” meaning a tendency to behave in a way that could hurt people.
Evidence of vicious propensities can include prior bites or attacks, growling, snapping or lunging at people, complaints from neighbors, “Beware of Dog” signs, keeping the dog chained or muzzled, and training the dog to guard.
Who pays: homeowner’s and renter’s insurance
Most dog bite claims are paid by the owner’s homeowner’s or renter’s insurance policy, not out of the owner’s pocket. That matters because many victims are bitten by a neighbor’s or friend’s dog and worry about suing someone they know. In most cases, the claim is really against the insurance company.
Can a landlord be responsible?
In some cases, yes. A landlord who knew a tenant’s dog was dangerous and had the ability to remove it or require it be controlled may share responsibility, which matters in Queens apartment buildings and multi-family homes.
What to do after a dog bite in Queens
- Get medical care right away. Dog bites carry a high infection risk.
- Get the owner’s name, address and the dog’s vaccination information.
- Report the bite to the NYC Department of Health.
- Photograph your wounds regularly as they heal.
- Get names of witnesses and neighbors who know the dog.
- Don’t sign anything from the owner’s insurer before talking to a lawyer.
The CDC’s dog bite prevention resources also have useful safety information for families.
How long do I have?
Most dog bite injury claims in New York must be filed within three years under CPLR § 214. Claims for injured children generally have more time, but evidence about the dog’s history is easiest to find early.
Talk to a Queens dog bite lawyer
We investigate the dog’s history, identify the insurance coverage, and document scarring and future treatment costs. We represent dog bite victims throughout Queens. For more background, read our overview of Queens dog bite law and New York dog bite laws.
Visit Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, just off the Cross Island Parkway on the Queens–Nassau border. If you can’t come to us, we’ll come to you: at home, in the hospital or by video.
Talk to a Queens dog bite lawyer today
Yakov Mushiyev & Associates has recovered over $80 million for injured New Yorkers across the five boroughs and Nassau County. Consultations are free, available in English, Russian and Spanish, and there is no fee unless we win.
Call 718.775.3110 or contact us online for a free case review.
This article is general information, not legal advice. Every case is different. Attorney Advertising.