Dog bite claims in Queens
A dog bite is not only a wound. Scarring is common, injuries to children are often to the face and head, and the emotional effect of an attack can last far longer than the injury itself. In a borough with the housing density of Queens, these incidents happen in hallways, stairwells, lobbies, small yards and parks, which often means more than one party has a role.
What the owner knew is usually the fight
Like other claims involving a dangerous condition, these cases generally turn on what the responsible party knew and when. What can be established about the animal before the day of the attack is usually the heart of the case: earlier complaints, earlier incidents, how the dog was confined or restrained, and what neighbors and building staff had seen or been told.
That evidence is easiest to secure early. Veterinary and animal control records, building complaint histories and witness recollection all decay, and some of it is discarded as a matter of routine.
More than the owner may be involved
Where the attack happened in or around a rental building, a landlord or managing agent can also have a role depending on what they knew about the animal and what control they had over the premises. That is a fact-specific question and one of the first things we look at.
Deadlines
Most personal injury actions in New York must be started within three years under CPLR 214. If a public entity such as the City or a housing authority is involved, a notice of claim is generally required within 90 days under General Municipal Law section 50-e, and missing it can end the claim before it begins.
Frequently asked questions
Do I have a claim if the dog had never bitten anyone before?
Possibly, and it is worth asking rather than assuming. A previous bite is not the only thing that matters. Earlier complaints, earlier incidents, and how the animal was confined or restrained can all be relevant to what the owner knew.
Can the landlord be responsible as well as the owner?
Sometimes. Where an attack happened in or around a rental building, a landlord or managing agent may have a role depending on what they knew about the animal and what control they had over the premises. It is fact-specific.
How long do I have to bring a dog bite claim?
Most claims must be started within three years under CPLR 214. A notice of claim is generally required within 90 days under General Municipal Law section 50-e where the City or a housing authority is involved.
