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Many people in New York may have had the experience of being bitten by a dog and lived to tell the tale. Yet, it is important to remember that dog bite wounds can be quite serious and lead to infections that if left untreated, may result in traumatic complications. Many people in New York may have had the experience of being bitten by a dog and lived to tell the tale. Yet, it is important to remember that dog bite wounds can be quite serious and lead to infections that if left untreated, may result in traumatic complications. Data from the Centers for Disease Control and Prevention (CDC) shows that the bites of dogs such as pit bulls, German shepherds, Rottweilers, and huskies are responsible for a significant number of human fatalities. New York has stringent laws regarding dog bite injuries and if you have been hurt in such an incident, you could be eligible for damages under these laws. How Dangerous Are Dog Bites in New York? Dogs are generally perceived to be loyal friends of human beings. While this is certainly true, it is vital to remember that sometimes, dogs may revert to their ancient wild instincts and lash out at those who transgress into their territory. Whether it is an actual bite of the dog, or being knocked against the ground, having a dog attack you physically can be an extremely traumatic accident. Dog attacks have been known to be especially dangerous for the elderly, young children, and persons with disabilities who may not be capable of defending themselves against the animal’s violence. Facial trauma is the biggest danger when one gets bitten by a dog, and it may result in lacerations, disfigurement, and scarring. If a young child or an elderly person is knocked over by a dog, they may suffer a fracture, or brain and spinal cord injuries, or trauma to the neck, back, and head, too. When the dog bite causes the victim’s skin to break open, the bacteria in the dog’s mouth enter the wound and this can lead to further infectious diseases such as rabies and tetanus. Can I Claim Damages if Bitten by a Dog That Was Known to Me? There are quite a few instances of people being bitten by a dog they know. Even if you suffered a dog bite while you were petting a dog you knew, it is possible to bring a case against the owner of the dog. However, you need to prove that the dog had a dangerous propensity but the owner failed to give you sufficient warning of this tendency of the dog. In cases where a tenant’s dog bites someone, the landlord may be held liable for the attack. For this, the victim must provide evidence that the landlord was aware of the dog’s presence and that it had a vicious propensity at the time when they leased their premises to the tenant. Even in cases where the dog bite injury or attack takes place off their premises, the landlord may be held responsible if the victim can show that the landlord had knowledge of the dangers posed by the dog to people outside the property but did not take any steps to prevent such threats. Are You Entitled to Damages if You Suffered a Dog Bite in New York? Under New York’s Section 121, the person who is the custodian of or owns a “dangerous dog” is responsible for any damage caused by the dog to people, livestock, or companion animals. The term “dangerous dog” refers to any dog that behaves in a manner that causes a reasonable person to believe that the dog is likely to cause serious physical injury or even death. This term is also used to describe dogs that attack or injure or kill a pet, or a farm animal, or even a person without any justification. Exceptions to the Dangerous Dog Clause in New York Under the New York Code, there are several exceptions to the “dangerous dog” clause. Under the following circumstances, a dog is not considered as dangerous: If the dog was part of the official law enforcement agency and acting at their behest, and bit someone during the course of their duties If the dog was provoked through abuse, assault or torment by a person and it responded by biting or injuring that person If the dog bit someone or injured them during the act of self-protection If the dog bite occurred when the dog was trying to protect its home against a trespasser on the property If the dog was trying to prevent a crime on the property If the dog was in pain or suffering and bit someone as a reaction to this experience If the dog was protecting the owner or its own puppies against attack by an individual and bit that person or injured them in this process Strict Liability and Negligence in Relation to Dog Bites in New York As per New York law, injuries caused due to dog bites are considered under the two areas of strict liability and negligence. Whenever any injury, however minor it may be, is inflicted by a dog, the owner of the dog is considered to be responsible for the damage. Therefore, the law specifies that the dog owner must provide compensation for any injuries sustained by the victim of the dog bite accident in New York. If a dog bite results in injuries that require medical treatment, the custodian or owner of the dog is held strictly liable irrespective of whether they used reasonable care in controlling the dog. However, for any other costs that are incurred in relation to a dog bite, the owner or custodian of the dog is liable only if they are shown to have failed to use reasonable care to restrain their dog or warn others about the threat of injury from their dog. This concept also goes by the name of the “one bite” rule which indicates that when the dog’s owner knows that their dog has acted dangerously before, they must take care to protect others from danger. The victim of a dog bite injury in New York City may easily receive damages for the medical expenses they incur; however, to recover other compensation, they must prove the negligence of the dog’s owner or custodian. Most dog bite injury settlements in New York cover the cost incurred for medical expenses or personal injury or trauma. However, dog owners or custodians will do their best to prove that they are not responsible for any further damages beyond this. Although this is often the case, with a skilled dog bite lawyer on your side, it is certainly possible to claim compensation that covers punitive damages, out-of-pocket medical expenses, and lost wages based on the specifics of your case. Why Engaging a Dog Bite Attorney in New York Is Critical to Your Case As already discussed, dog owners can use one of the several possible defenses to prove that their dog’s behavior does not fit into the “dangerous dog” label. Moreover, in New York, in order to prove that the defendant is guilty of a misdemeanor, it is necessary to provide evidence of the dog’s vicious propensity. Under New York laws, the only way one can do this is by showing that the dog has previously bitten someone. Merely proving general aggressive behavior is not sufficient evidence of vicious propensity. Such provisions of the law are not easy to comply with and tend to put off many dog bite victims from pursuing damages for their injury. However, a skilled and competent dog bite lawyer will have the resources to help you build a strong case that fetches you the compensation you rightfully deserve. As per New York’s Statute of Limitations governing dog bite cases, the victim must file a case in court within a period of three years from the date when they were injured. There is a lot of legal paperwork that must be completed in the exact manner as prescribed or you face the danger of losing out on the compensation you claim. Meeting all these legal requirements can be quite difficult for an average individual but an experienced dog bite attorney in New York can easily perform these tasks leaving you free of anxiety, so that you may focus on recovering your health. A skilled dog bite injury lawyer will be well-versed with the local laws that may apply and will consider all legal aspects to hold the at-fault party responsible for your injuries and maximize your rightful damages. Legal Help from an Experienced New York Dog Bite Attorney Being bitten by a dog can lead to significant trauma and suffering. Besides the physical pain of the injury, the victim also experiences emotional pain and scarring that can interfere with the quality of their life. Whether you have been bitten by a known dog that you were petting or an unknown dog that acted in a vicious manner without provocation, it is important you affirm your rights to compensation for the pain and suffering you have undergone. At Rosenberg, Minc, Falkoff & Wolff, LLP, our dog bite lawyers have several decades of experience in handling dog bite cases in a manner that fetches the greatest compensation for our clients. To know more about how we can work together to get you the damages to which you are legally entitled, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

According to the Centers for Disease Control and Prevention (CDC), there are roughly 4.5 million dog bite incidents each year in the United States. Of these, 900,000 become infected. As of 2017, the population in the US is approximately 325.8 million people, which means 1 out of every 72 people is bitten by a dog. Statistics also reveal that about 1,000 people in the US are bitten by a dog each day – these bites cause injuries that are serious enough to require emergency care treatment. While many cases involve private dog owners, there are also many cases that involve police dogs. Unfortunately, some cases are extremely serious with people sustaining severe injuries caused by bites inflicted by police dogs. If you have been a victim of a police dog attack, you should find out if you have a viable case to file a personal injury lawsuit against the police officers handling the dog. Innocent Man Attacked by Police Dog As a man was pumping gasoline in Gary, Indiana, he was attacked by a police dog who mistook him for a criminal. According to news reports, Antwan Scott who was bitten by a police dog now walks with a limp as a result of the severe injuries that he sustained. Scott said that when he stopped to pump gasoline at Golo Gas Station on October 12 th, 2017, he saw police cars and heard a police officer telling him to stop running and that they were about to let the dogs out on him. That is when he saw the dog which immediately caught hold of one of his legs and would not let him go. The police officer commanded the dog to let go of Scott but he did not. The dog eventually dragged Scott down to the ground with his teeth digging into the man’s skin. He said that once the dog finally let go of him, the officers came to his aide. According to Scott, the police officers gave him an excuse, saying that the suspect ran past his car and that the dog made a mistake. David Novak, Scott’s attorney, accused the Gary Police Department for poor training. He said that such incidents should not be allowed to happen. He also said that police are trained, and being a weapon used by the police, the dog should also be properly trained. He added that police should be able to control their weapon. A father of five, Scott has not been able to work since the incident occurred. He said that he is not angry with the police, but agreed with his attorney that improved training should be provided for police dogs. Novak said that he will continue to investigate the case and will file a lawsuit against the Gary Police Department on Scott’s behalf. Police Dog Attacks Police officers use numerous tools to apprehend a suspect, including dogs. Generally, police dogs are well trained, but unfortunately, there have been a number of cases where police officers have used their dogs to bite a suspect, resulting in unnecessary harm to the person. K-9 dogs are typically mid-larger breeds, such as German shepherds, Belgian malinois, retrievers and Labradors, and they can seriously injure an individual. If a police dog bites a suspect, they can potentially cause severe lacerations or even break the suspect’s bones. If you are attacked by a police dog and sustained injuries, it usually indicates that the police officer took excessive force against you. You should seek the help of a personal injury attorney experienced in police brutality or police dog bite cases to investigate whether the use of a dog by the police officer was appropriate or if it was the cause of unnecessary injuries. The angry dog scene in White Chicks was pretty funny but it is not so funny if this happens to you in real life. Though Kevin Copeland was not welcome in that home! Graffiti Artists Attacked by Police Dog Get $175,000 Settlement Two men in South Florida were severely bitten by a police dog filed a civil rights lawsuit against three deputies of the Broward Sheriff’s Office and agreed to a settlement of $175,000. Well-known graffiti artists, in the graffiti community, Humberto Pellegrino, aged 39, and Pedro Claveria, aged 38, were spraying gondolas and freight trains when deputies showed up on January 17 th, 2014. The men said that despite surrendering immediately, the deputies provoked the dog to attack them. According to their statement, one of the deputies shouted, “Eat, boy, eat!” The two property vandalizers said that they were not trying to escape, but the deputies used excessive, unnecessary force. The Browrd Sheriff’s Office confirmed that the two plaintiffs would split the $175,000 settlement against deputies Davis “Chris” Acevedo, Gerald “Jerry” Wengert and Leonard Smith. In her court order, US District Judge Beth Bloom wrote that Pellegrino and Claveria’s medical costs must be paid out of the proceeds of the settlement. Pallegrino and Claveria said that the dog bite incident took place at a loading dock in Pompano Beach. Two friends who were present when the incident took place were uninjured. According to the two street artists, when the deputies showed up, they immediately put their hands up and surrendered. Claveria said that he lay on his stomach, hands open, and informed the deputies that all four men were not armed but Deputy Acevedo still sicced the dog on him. According to the lawsuit filed in federal court in Miami, all of the defendants made noises, including grunting, to antagonize the police dog into attacking Claveria. In an attack that he estimated to have lasted about 2 minutes, the dog bit him in the upper arm, shoulder, and below his elbow. According to Claveria, the deputies told the dog to “get” and “grab “him. Pellegrino said that he too was lying flat on the ground on his stomach and Deputy Wengert walked over to him and said that the dog was ready to eat again and that he was still hungry. The dog bit him on both legs for about 3 minutes, while deputy Wengert commanded the dog to “eat”. According to the lawsuit, the two main offenders were Deputy Acevedo, the dog’s handler, and Deputy Wengert. While Deputy Smith did not say or do anything to encourage the dog to attack the two men, he did not make any effort to stop the attack. According to reports, Deputy Wengert has been named in several claims of police brutality and using excessive force. There are two federal civil cases pending against him, including a wrongful death case. Additionally, prosecutors from the State Attorney’s Office still have an open criminal investigation pending that pertains to the actions of Deputy Wengert in the case involving Pellegrino and Claveria. Graffiti degrades neighborhoods but this was uncalled for. Suing for Injuries Caused by a Police Dog Dogs are used by the police and military for patrol and making arrests. Police and military personnel are given special protection under state statutes in the event their dogs injure people under certain special circumstances. That said, there aren’t offered protection for violation of civil rights, unreasonable force or injuries that are caused by police dogs when not on duty or when not engaged in law enforcement activities. Generally, law enforcement officers are forbidden from using excessive force when they are making arrests. Courts have held that dogs can be used by police officers to bite and hold a person that is suspected of committing a crime, but this should be done only when it is reasonable to do so. If a police dog bites a person other than the suspect, its owners, i.e. the police, are subject to civil liability lawsuits. In a number of states, the dog bite statutes governing private citizens, which typically do not involve police dogs, would become applicable. Where to Sue for Police Dog Bite Injuries – Federal or State Court? Claims for injuries that are inflicted by police dogs are typically brought under the Federal Civil Rights Act of 1964. As mentioned, police are generally forbidden from using unreasonable or excessive force when they make an arrest. If they do, they may need to pay compensation to the victim. In some cases, the offending police officer may be punished – the punishment includes requiring them to pay punitive damages to the victim. Additionally, it is possible for the federal law to give victims a few advantages, including a longer statute of limitations to file their lawsuit and an award of attorney fees and costs. Lawsuit Against K-9 Officer After Dog Bites the Wrong Man A civil rights lawsuit was filed against a Police K-9 personnel – Tim Browne who is deputed at Colorado Springs by Willie Watlington. The lawsuit alleged that Watlington was exiting Peak Tavern in December 2015 when police officers entered the establishment in search of a suspect that court papers described as a white male in his 50s or 60s. According to the lawsuit, 24-year-old African American Watlington was walking back to his apartment when Officer Browne ordered Blitz, his K-9 dog, to bite him. The plaintiff said that he saw the dog running toward him and immediately dropped to the ground, curling up into a ball to protect himself. The K-9 dog reportedly bit Watlington on his leg multiple times. The victim was transported to Pentrose St. Francis Hospital for treatment for one large gaping wound and several puncture wounds. Watlington was not charged for any crime, nor was he arrested, at the time of the incident. Violation of the Constitutional Rights There are many police dog bite cases that violate constitutional rights against excessive force, or where injuries could have been easily prevented. Some examples of such cases include: The dog ignored the commands of the handler to stop biting could not be stopped The officer did not call off the dog when needed, or failed to call it off. After escaping its handler, the dog attacked an innocent person. The dog was deployed against a suspect who did not pose any threat. The officer sicced the dog on an innocent person. The dog was ordered to bite in a punitive manner. Factors that May Decide a Police Dog Bite Injury Case When dogs are used as an extension of police power, the governing factor is excessive force. This force is measured by the actual attack and the injury caused by the attack against the government interest in effecting a narcotics search or an arrest. Other factors that have an effect on the outcome, may include, but are not limited to: What was the nature of the crime committed by the suspect? Felony or misdemeanor? Was the suspect armed and/or a danger to the general public or the police? Was the suspect fleeing or hiding? Did the suspect fight the dog or surrender? Did the dog bite the suspect once or multiple times? Did the officer have complete control of the dog? Could less violent methods have been used by the police officer/officers to arrest the suspect? Filing a Police Dog Bite Claim Once you have determined that you have a viable case, here is how to proceed with filing a police dog bite lawsuit: There are a number of laws enacted for filing personal injury claims against the government or government agencies. The procedures vary from state to state, but there is a standard form you can file to inform the government of the injury you sustained. This procedure is known as government tort claim. The next step is to wait for their response. You will most probably receive this response after a set period of time after your case is evaluated. If you do not receive a response or they reject your claim, you should proceed with filing a police dog bite lawsuit. It is vital to hire a dog bite injury lawyer who has experience in handling cases that involve police dog bite incidents. Your attorney should be able to build a solid claim and have the knowledge and skill to effectively counter the arguments of the government agency that you are filing the lawsuit against. Keep in mind that filing a lawsuit for dog bite injury, especially against the police, can be a long and arduous process. This is why it is crucial to have a sagacious and motivated dog bite lawyer represent you and there is no firm better for you in this regard than RMFW Law in The Big Apple. Get Legal Assistance for Police Dog Bite Cases If you or a loved one has been injured by a police dog, you should make sure to immediately contact a personal injury lawyer experienced in police dog bite cases. You may consult a profound attorney at Rosenberg, Minc, Falkoff, & Wolff, of RMFW Law at 212 697 9280. Our legal professionals can help in assessing your case and assert your rights so you can obtain fair compensation for your injuries by taking appropriate legal action. We only win if you win. RMFW Law knows how to win these types of courses and we know the tactics of the opposition. We know which direction to take your case. Call us today! Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.