Staten Island Dog Attack Leaves Man Injured
A story in the NY Times details the story of 2 pit-bulls that attacked a 90 year old man at his home. The man sustained severe bite wounds to his arms and legs and was taken to the emergency room where the police said he was in critical condition. Authorities are uncertain as to how the attack occurred. The dogs were later put down by the Animal Care and Control. The dog owner was taken into police custody. Authorities have yet to determine if the dog owner had proper licenses and vaccinations for the dogs.
The inherent dangers of vicious dog attacks, especially by pit-bulls are well documented. In this instance, we are presented with several issues that must be addressed. Generally, an owner can be strictly liable for injuries caused by wild animals, as long as the person who was injured did nothing to bring about the injuries. In cases like this one, we must determine if pitbulls can be characterized as “wild animals.” If the pitbull is considered a wild animal, then the owner would be strictly liable regardless of any steps he may have taken to prevent the attack. Questions like if the owner of the pitbull knew that it possessed dangerous propensities or if the dog owner failed to properly secure the dogs against attacks on individuals will go a long way in determining negligence in this case. It is when an owner fails to exercise reasonable care when he knew that the backyards were adjoining and he had a potentially vicious animal on his hands.
From the details of the story, it is not clear if a fence existed between the two properties. Nevertheless, if the dog owner is found negligent and/or strictly liable then he will have to pay for all the medical bills and the pain and suffering of the plaintiff. The facts also suggest that it is not clear if the owner possessed a license to have a dog. That might raise the issue of negligence because he breached a duty of care towards the elderly man to act as a reasonable dog owner of pitbulls should.
In the state of New York statute of limitations regarding dog bites is three years. It is important to attain legal representation as soon as possible after the dog attack. We are familiar with New York dog bite law and how to successfully represent and advise our dog bite victim clients.
If you or a loved one has been the victim of a dog attack contact the New York Dog Bite Injury Lawyers at Wingate, Russotti & Shapiro.
