New York City’s bustling streets are full of furry companions, but unfortunately, dog bites can happen. If you’ve been injured in a dog attack, navigating the legal system can feel overwhelming. This guide explores your options, including how to file a lawsuit and find the Best Dog Bite Lawyers in NYC (2024) to fight for the compensation you deserve.
Best Dog Bite Lawyers in New York
Here are some of the top-rated dog bite lawyers in New York:
Marijo C. Adimey
Marijo C. Adimey is a highly respected attorney who has devoted her entire legal career to litigating on behalf of those who have suffered immeasurable loss from a catastrophic injury or death of a loved one. She is fully dedicated to litigating cases for victims who have suffered debilitating injuries from a variety of accidents, including dog bites. Here are some of her notable achievements and recognitions:
- In 2017, Super Lawyers named her one of the “Top Women’s Litigators” in New York.
- Since joining the Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf Team in 2014, Marijo has obtained several multi-million dollar verdicts and settlements on behalf of her clients1.
- She holds an “AV” rating (highest rating) from the Martindale-Hubbell Law Directory, one of the oldest and best-known peer review ratings in the United States for both legal and ethical standards1.
- She has been selected as a “Super Lawyer” every year and has been awarded the “Client Distinction Award” issued by Martindale-Hubbell.
- The Administrative Judge appointed her to the Civil Matters-First Judicial Department as an attorney member of the Medical Malpractice Advisory Committee for the Supreme Court, New York County.
Leigh D. Eskenasi
Leigh D. Eskenasi is a partner at The Grandelli Firm, where he handles civil actions for victims of premises liability and personal injury cases. He has been with the firm since 2006, and his focus is litigation. He has extensive experience in construction accidents, motor vehicle accidents, slip and fall accidents, and premises liability actions.
Here are some of his notable achievements and recognitions:
- He has been selected by his peers in the New York State Bar to Super Lawyers (2021-2022) and Super Lawyers – New York Metro Rising Stars (2014-2020).
- He has been repeatedly recognized in the New York Law Journal’s Top Verdicts and Settlements.
- U.S. News and World Reports have named his firm the Best Law Firm for Personal Injury Litigation—plaintiffs in New York City for five years in a row.
- He has obtained numerous multi-million dollar recoveries on behalf of the firm’s clients. Some of his significant recoveries include:
- $16 Million damages verdict received for a Brooklyn resident who sustained a traumatic brain injury in a motorcycle accident.
- $8.5 Million on behalf of a New York City Sanitation Worker who was injured on the job.
- $2.9 Million on behalf of a construction worker injured on the job.
- $2.85 Million on behalf of an NYPD Officer injured in the line of duty.
- $1.5 Million on behalf of a woman injured on an escalator.
Eli Fuchsberg
Eli Fuchsberg is a highly regarded attorney specializing in personal injury cases, including dog bite incidents. He is a partner at the Jacob D. Fuchsberg Law Firm. Here are some of his notable achievements:
- Expertise in Dog Bite Cases: Eli Fuchsberg has been recognized for his advocacy for those injured in dog bite accidents. His expertise in this area has led him to be listed among the top ten Dog Bite lawyers in New York City.
- Successful Negotiator: He is known for his negotiation skills and regularly obtains seven-figure settlements for his clients.
- Wide Range of Practice Areas: In addition to dog bite cases, Fuchsberg also has expertise in medical malpractice, civil rights, product liability, and other types of personal injury incidents.
- Recognition: Forbes Advisor ranked him among the Best Dog Bite Lawyers in NYC in 2024.
William P. Hepner
William P. Hepner is a distinguished attorney and partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. He has a broad range of experience in personal injury law, including dog bite cases. Here are some of his notable achievements:
- Experienced Trial Lawyer: Hepner joined WRSMH as a trial lawyer in 1998 and has since handled numerous cases across various areas, including automobile accidents, premises liability, medical malpractice, and construction accidents.
- Successful Case Outcomes: Hepner has been involved in several landmark injury cases, securing significant settlements for his clients. For example, he settled a case for a jogger who was struck by a bicyclist in Prospect Park in Brooklyn for $450,000.
- Recognized Excellence: Hepner has been recognized by Super Lawyers magazine yearly from 2012 – 2017 and 2020 – 2022. The selection process includes independent research, peer nominations, and evaluations.
- Arbitrator in Small Claims Court: Hepner serves as an arbitrator in small claims court, deciding disputes between parties who desire an expeditious resolution to their cases. His decisions in this role are final.
- Awards and Memberships: The American Institute of Personal Injury Attorneys selected Hepner as one of the 10 Best Attorneys for 2019. He is also a member of the American Judge’s Association.
Frank J. Lombardo
Frank J. Lombardo is a highly regarded attorney known for his expertise in handling complex dog bite cases. He is a senior trial attorney at WRSMH Attorneys At Law, LLP. His achievements in the field of dog bite cases have earned him recognition as one of the best dog bite lawyers in New York City.
His work involves helping victims of dog bites win the compensation necessary to cover their medical expenses and potentially other losses. This is particularly important in a city like New York, where over 500,000 dogs reside and sometimes pose risks to public safety due to owner negligence and other factors.
New York laws for dog owners and dog bites
- Strict Liability for All Dog Bites: Currently, New York follows a combination of strict liability and negligence for dog bites. For medical bills resulting from a dog bite injury, the dog’s owner is strictly liable. However, for all other costs related to a dog bite injury, the dog’s owner is only liable if they fail to use reasonable care to control the dog. This could be changed to a strict liability rule for all dog bites, regardless of the circumstances. This means that the dog owner would be responsible for all damages resulting from a dog bite, regardless of whether they were negligent or not.
- Mandatory Insurance for Dog Owners: Dog owners could be required to carry liability insurance that covers dog bites. This would ensure that victims of dog bites are compensated for their injuries.
- Mandatory Training for Dog Owners: Dog owners could be required to undergo training on how to handle and control their dogs. This could help prevent dog bites from occurring in the first place.
- Increased Penalties for Negligent Owners: The penalties for dog owners who fail to control their dogs could be increased. This could serve as a deterrent for negligent behavior.
- Establishment of a Dog Bite Registry: A registry could be established to track dog bites and the dogs that cause them. This could help identify dangerous dogs and potentially negligent owners.
How to File a Dog Bite Accident Lawsuit in NY?
Here’s a breakdown of how to file a dog bite accident lawsuit in New York:
1. Gather Evidence:
- Document Your Injuries: Seek medical attention for your bite wounds and keep all medical records related to the treatment.
- Scene Photos (if possible): If you can safely do so, take pictures of the location of the attack, the dog (including its breed, if possible), and any visible injuries on your body.
- Witness Statements: If anyone witnessed the dog bite, obtain written statements from them describing the incident. Witness testimony can strengthen your case.
- Animal Control Report: If animal control was called to the scene, request a copy of the report.
2. Understand New York Dog Bite Laws
New York follows a “one-bite rule,” which generally holds dog owners liable if their dog bites someone for the first time unless the person provoked the dog. However, there are exceptions:
- Prior Vicious Propensity: If the dog owner knew or should have known their dog had a history of biting or acting aggressively, they might be held liable even for the first bite.
- Children: Children under the age of seven are considered a special class of victims, and dog owners have a higher duty of care to keep them safe.
3. Notice of Claim Requirement (Government-Owned Dog)
If you were bitten by a dog owned by the city, state, or another government agency, a strict deadline applies. You must file a Notice of Claim with the appropriate agency within 90 days of the attack. Missing this deadline can significantly limit your ability to sue later.
4. Consult a Dog Bite Lawyer
The complexities of dog bite law, especially determining liability and navigating insurance claims, make consulting a qualified NYC dog bite lawyer highly recommended. Here’s how a lawyer can help:
- Legal Expertise: A lawyer understands the nuances of New York dog bite laws, exceptions to the one-bite rule, and how to build a strong case.
- Negotiation and Representation: They can negotiate with the dog owner’s insurance company to secure a fair settlement. If an agreement can’t be reached, they’ll represent you in court.
5. Statute of Limitations
In New York, the general statute of limitations for personal injury lawsuits, including dog bites, is three years from the date of the attack. This means you have three years to file a lawsuit, or you might lose the right to seek compensation.
How can I find the best dog bite lawyers in NYC?
Finding the Best Dog Bite Lawyers in New York City (2024) requires careful consideration:
- Experience: Look for a lawyer with a proven track record of success handling dog bite cases in New York.
- Client Reviews: Positive online reviews and testimonials can indicate a lawyer’s effectiveness and client satisfaction.
- Practice Area Focus: Choose a lawyer specializing in personal injury law, with a particular focus on dog bite accidents.
- Understanding of NYC Dog Bite Laws: NYC has specific dog bite laws. Ensure your lawyer is familiar with these nuances.
- Communication Style: Feel comfortable and confident communicating openly with your lawyer throughout the case.
- Free Consultations: Many lawyers offer free consultations, allowing you to discuss your case and assess their approach before making a decision.
What types of damages are eligible for a Dog Bite Lawsuit in NYC?
In a dog bite lawsuit in NYC, you may be eligible to recover compensation for various damages if you can prove the property owner’s negligence caused your dog bite injuries. These damages can be categorized into two main types:
Economic Damages:
- Medical Expenses: This covers all costs associated with your medical treatment due to the dog bite, including:
- Doctor visits
- Hospital stays
- Surgery
- Physical therapy
- Medication
- Medical equipment
- Lost Wages: If your injuries prevent you from working or limit your earning capacity, you can be compensated for:
- Lost wages during your recovery period
- Potential future lost income due to permanent disabilities
- Out-of-Pocket Expenses: This includes any costs directly related to your injury, such as:
- Transportation to medical appointments
- Home care services, if needed
- Modifications to your home to accommodate your disability
Non-Economic Damages:
- Pain and Suffering: This compensates you for the physical and emotional pain you’ve endured due to the accident. It’s subjective and determined by the severity of your injuries and the impact on your daily life.
- Mental Anguish: This covers emotional distress, anxiety, depression, or post-traumatic stress disorder (PTSD) that may arise from the fall and its aftermath.
- Loss of Enjoyment of Life: If your injuries limit your ability to participate in activities you once enjoyed, you may be compensated for this loss.
- Scarring and Disfigurement: Visible scars or permanent disfigurement caused by the fall can be considered for compensation.
What should I do immediately after a dog bite in New York?
- Get Medical Attention: This is your top priority. Seek medical treatment for your wounds and ensure everything is documented.
- Report the Bite: Report the dog bite to Animal Control and potentially the police, depending on the severity of the attack.
- Collect Evidence: Take photos of your injuries, the dog, and the scene (if possible). Gather witness statements and any animal control reports.
- Contact a Dog Bite Lawyer: Consult with a lawyer as soon as possible to understand your legal rights and options.
FAQs
What are New York’s leash laws for dogs?
All dogs in NYC must be leashed in public spaces no longer than six feet long. There are designated off-leash areas in some parks, but understanding leash laws can help prevent dog bite incidents.
What if the dog bite happened on private property?
Dog bite laws still apply on private property. The dog owner’s homeowner’s or renter’s insurance might cover your injuries. Your lawyer can advise you on how to navigate these situations.
Does NYC have a “one-bite rule” for dog bites?
No. Unlike some states, New York follows a strict liability rule for dog bites.
Should I speak to the dog owner’s insurance company directly?
No. It’s best to consult with a lawyer first. They can handle all communication with the insurance company to protect your interests and ensure you receive a fair settlement.