May 25, 2010

New York Child Injured in Dog Attack

A leashed pit bull bit a 12-year-old boy in Mayville. The Observer Today reports that the victim was riding his bike on West Main Street on the Canadaway Creek Bridge when he saw the dog. He tried to avoid the dog, which was being walked by its owner. But the dog lunged and bit the child’s calf. The Chautauqua County Health Department is now looking for the dog and his owner.

New York has a "limited" dog bite statute, which makes a dog owner or keeper strictly liable for medical and veterinary costs. Otherwise, New York is a "one-bite state" and does not recognize the cause of action for negligence. Dog bite laws in New York are complex and vary from state to state. These animal attacks can cause severe injuries. Victims usually suffer disfigurement, pain and severe emotional trauma. In most cases, dog bite victims may be able to seek compensation to cover medical expenses, cosmetic surgery to fix scars, hospital and therapy costs.

If you or a loved one has been injured in a dog attack in New York, the first step to take is to get immediate medical attention. Next, contact an experienced New York personal injury lawyer to find out how you can pursue your legal rights and whether you have a claim against the dog owner. Call the skilled New York dog attack injury lawyers of Wingate, Russotti & Shapiro LLP at 212-986-7353 to find out how we can help. Our law firm always offers a free and comprehensive consultation to injured victims and their families.

September 30, 2008

Pit Bull Bites Rochester Toddler

A pit bull attacked and bit a 4-year-old Rochester boy who was riding his bike in the neighborhood, according to this news report (). The child, whose name was not released, was reportedly bitten on the forehead. The boy was riding his bike with his uncle and when the two stopped at a house to speak with another man, the pit bull attacked the boy. The dog was on a leash tethered to the front porch and inside the home, but forced his way out, lunged at the toddler and mauled him.

The child was taken to an area hospital. His injuries were not life-threatening. The dog has been impounded by animal control officers and police investigators are also looking into whether the dog owner should face charges in connection with this dog attack. Apparently, this is the third time in three weeks in Rochester that a pit bull has attacked and injured an innocent bystander.

Each year in the United States, close to 5 million people are attacked and bitten by dogs, according to the U.S. Centers for Disease Control. About 1,000 people in this country visit the emergency room each day because of dog bit injuries. A majority of victims are infants and toddlers who are most vulnerable to these attacks because of their age and size.

Many cities and counties in the United States have their own dangerous or vicious dog laws. The laws dictate what dog owners’ responsibilities are and what steps he or she should take in the interest of public safety. A dog, that is known to be aggressive, must be kept restrained at all times. Some cities have specific legislations for certain breeds such as pit bulls and rottweilers, which are believed to be more aggressive and involved in more fatal attacks than other breeds.

If you or someone you love has been a victim of dog attack or dog bite injuries, please be informed that you have legal rights. Please contact a knowledgeable personal injury lawyer at Wingate, Russotti & Shapiro for a free consultation.

August 25, 2008

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.

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