How Do New York’s Strict Liability Laws Apply to Dog Bite Cases?

Dogs may be man’s best friend, but they can also be dangerous, aggressive animals that cause serious injuries, pain, and emotional trauma when they attack. The Bronx has the highest rate of dog bites of all of the NYC boroughs, and dozens of people are injured every year due to dog attacks. New York’s laws regarding these incidents can be confusing, but it’s essential to understand your rights and legal options after a dog has bitten you.

Understanding Strict Liability

Dog bite incidents are considered personal injury cases under the law and sometimes classified as premises liability. However, these cases have unique rules governing whether an owner is responsible for a dog’s actions and how a victim can get compensation.

New York’s strict liability law applies to dog bites. This means that the dog’s owner is responsible for any medical expenses incurred by the victim as a result of the attack. The owner may also be ordered to pay any lost earnings due to the victim’s absence from work or other financial damages.

Applying Strict Liability to Dog Attacks

Dog owners are generally responsible for their dog’s actions, even if there was no previous indication that the dog was a danger to others. However, there are some exceptions to this guideline. For example, New York also uses a modified one-bite rule. The one-bite rule means that if a dog has not previously shown aggressive behavior or attacked anyone else, the owner did not know that the dog could be dangerous and, therefore, may not be liable.

However, this doesn’t mean a victim can’t pursue compensation. If the owner acted negligently, such as failing to keep the dog under control, the victim may be awarded compensation based on this factor.

There are also some circumstances where a dog is generally not faulted, and the owner is not responsible for a bite. If the victim provoked the dog, such as throwing something at it, teasing it, or otherwise inducing it to attack, the owner may not be liable. If the bite occurred while the dog was defending its property, such as when someone was trespassing, this also is usually not considered the fault of the owner.

How Does a Dangerous Dog Classification Affect the Case?

One crucial factor to understand when dealing with a dog bite case is whether the animal already has a dangerous dog classification. According to New York law, a dangerous dog is one that has either caused serious injury or death before or acts in a manner that “poses a serious and unjustified imminent threat of serious physical injury or death.” The previous attack or threat of attack doesn’t have to involve a human for the dangerous dog classification to apply. For example, if a dog attacks another dog, causing serious injury, the aggressor could be categorized as a dangerous animal. Keep in mind that this label is only applied by a judge after either a victim or an animal control officer makes the court aware of the dog’s behavior.

When someone is attacked by a dog that has already been classified as dangerous, it means that the owner is much more likely to be held liable for the injuries. This is because the owner had previous knowledge of the dog’s behavior and reason to believe that it could pose a threat to others. The owner then has a responsibility to ensure that the dog is restrained adequately so that it can’t attack anyone or anything else.

What To Do If You’ve Been Injured in a Dog Bite Attack

The first step after a dog bite occurs is to get immediate medical attention. While this may seem obvious in the case of severe bites or evident injuries, it’s also crucial for those with seemingly minor injuries to get medical treatment. Dog bites are often puncture wounds that are more easily infected, and you may need a series of rabies shots, depending on if the dog was up to date on its vaccines. Seeking medical treatment also documents the attack and your injuries, which is vital if you plan on seeking damages later on.

Once your immediate injuries are dealt with, write down everything you can remember about the accident. Document the time of day, what you were doing before the dog attack occurred, and what happened after the bite. Take pictures of your injuries, and keep records of medical bills, lost income, and other damages organized so you can easily find what you need when it’s time to pursue your case.

While it’s normal to want to talk about something traumatic that happened to you, avoid discussing the accident or your injuries with anyone until you’ve spoken with an attorney. This includes giving a statement to an insurance company. What you say to others, including family members and close friends, or post on social media can impact your legal case.

Working With a Dog Bite Attorney

Working with a dog bite attorney is the best thing you can do for your case to increase the chances of being awarded the compensation you deserve. An attorney will evaluate your case to see if you are eligible for compensation under New York’s laws, speak to the insurance company on your behalf, potentially negotiate a settlement, and represent you in court. You have a limited amount of time to file a dog bite claim in New York, so it’s essential to speak with an attorney as soon as possible.

If you were injured in a dog attack, our team can help. Call The Law Offices of Thomas Lavin at 718-957-8695 to take the first step.

What Is a Wrongful Death Claim?

New York law defines wrongful death as a death that occurs because of recklessness, negligence, or an intentional or wrongful act.

Essentially, what that means is that someone either deliberately did something that led to the victim’s death or someone didn’t do something they should have without it being deliberate (for example, if a doctor prescribes the wrong medication or dose). If the medical person involved had either demonstrated more care or hadn’t deliberately acted against the patient’s best interests, it’s possible the victim would not have died.

This is a broad area of claims, as wrongful death can occur in numerous ways, including:

• Vehicle accidents
• Construction work
• Bicyclist or pedestrian accidents
• Railroad or public transit accidents
• Medical malpractice
• Maritime accidents

Who Can File a Wrongful Death Claim in New York?

A wrongful death claim can only be filed by one of a specific group of people: the victim’s spouse, children, parents, or a representative of the victim’s estate. Others, including friends or more distant relatives (such as siblings, aunts, or uncles), aren’t usually able to file this claim unless they are the official representative of the estate or if they are guardians (if the victim is a minor) or personal representatives.

Is There a Statute of Limitations on Filing a Wrongful Death Claim?

A statute of limitations is a legal period within which legal action must be taken. If it’s not taken within that time, the court will likely not hear the case, or the person or organization being claimed against will refuse to consider it.

For wrongful death in New York, the statute of limitations is two years from the date the victim died if the liable party is a private entity (person, hospital, etc.). If the liable party is a public organization (city, county, etc.), a Notice of Claim must be filed with that group within 90 days of a personal representative being appointed on behalf of the victim. That deadline could be a lot sooner than two years. If you’re unsure where your case falls on the timeline, contact an experienced wrongful death attorney.

There are a few exceptions to this statute of limitations.

• The beneficiary is a minor. If the wrongful death involved the parent of a minor, the statute of limitations begins either when the minor turns 18, or a legal representative is appointed for them.
• Malpractice. Cases involving medical malpractice are allowed two years and six months to file a wrongful death claim.
• Criminal activity. If the person or entity charged with a wrongful death is also being charged with crimes, the victim’s family or representative has up to one year after the conclusion of the criminal case to file the wrongful death claim. 

What Does it Take to Prove a Wrongful Death Claim?

Proving negligence that led to death requires many things, depending on each unique case. However, in New York, all negligence cases have to prove four elements of negligence:

• Duty of care. That means that someone owed someone to be reasonably responsible and careful in activities that affected the victim. For example, drivers are expected to be sober and attentive while driving. 
• Breach of the duty of care. The person who owed the duty of care didn’t honor it. For example, a driver was driving under the influence (DUI) of alcohol, crashed into another car, and that car’s driver was killed.
• Causation. This means that the victim’s death directly resulted from the breach of duty by the drunk driver. If that driver had not been driving while drunk, it’s more likely the crash and subsequent death wouldn’t have happened.
• Damages. This means that the victim received not just financial damages (such as car repairs) but physical harm as well. In wrongful death cases, those damages include the death.

The evidence to prove each of these elements varies according to the case. It may involve proof of death, police reports, medical reports, eyewitness testimony, contracts detailing the relationship between the victim and the person accused of causing their death, subpoenaed internal documents and records, photos and videos where available, and proof of the financial damages caused to the survivors, including hospital and funeral bills, pay records showing the family’s loss of income due to the death, and potentially expert testimony in medical cases or of an economy expert who can help the court understand what future monetary losses could look like.

What Kinds of Compensation Are Available for Family Members in a Wrongful Death Settlement or Award?

Settlements or jury awards in these cases usually address the economic damages, which are the known totals of money spent on medical bills, funeral arrangements, loss of income, etc. In some cases, there may be what’s known as noneconomic damages. These are harder to quantify monetarily but represent pain and suffering or loss of consortium or companionship. Especially egregious cases may be ordered to pay punitive damages as a deterrent to this happening again.

What Should I Do if I Want to Pursue a Wrongful Death Claim After the Death of My Loved One?

Call the Law Offices of Thomas Lavin at 718-957-8695 for a free case evaluation. Losing a loved one is always stressful, and it’s even more so if the death may have been avoidable. Our team of experienced, knowledgeable personal injury and wrongful death attorneys can review the circumstances of your case and help you understand what might be possible when pursuing a wrongful death claim.

In American personal injury law, each state has its own laws and policies for negligence-related accident claims. Most states have “modified comparative negligence” laws. Under those laws, accident victims can only recover if they can show that they bore less than half of the responsibility for the accident. Three states have strict “contributory negligence” policies—in those, an accident victim cannot recover if they bore any responsibility at all.

New York is one of a handful of states with “pure comparative negligence” or “comparative fault” laws. In New York, an accident victim has the right to recover on their negligence claim even if they were partly responsible for what happened. Nonetheless, if they had any share of responsibility in the accident, that will reduce the monetary award they can claim.

How It Works

Say, for example, that Alice trips and falls on an icy sidewalk in New York City, breaking several bones. She has a right to claim against the owner of the adjoining property, Bob, for her medical expenses of $10,000. Alice’s attorney makes a demand for full payment. Bob’s attorney counters with a refusal to pay at all—because, he says, surveillance cameras show that Alice was texting at the time and paid no attention to where she was going.

If a court finds that Alice was 100% responsible for her accident, then Bob does not owe her anything. However, if Bob is found to be at all responsible—even by one percent—Alice has a claim against him. Her own percentage of responsibility reduces that claim, so if a court found that Alice was 90% responsible, Bob would owe her only $1,000. Nonetheless, he would still owe it. See Civil Practice Law & Rules § 1411.
In practice, most personal injury claims are settled through insurance companies and private negotiations, not through courts. Plaintiff’s attorneys and defense counsel, usually from insurers, investigate the facts and settle most claims before courts become involved.

Comparative Negligence and Car Accidents in New York

American states have two major policies governing car accident claims: at-fault and no-fault. In an at-fault state, people involved in auto accidents immediately file claims against the other drivers—or, in most cases, against their insurance companies.

New York, however, is a no-fault state. Under no-fault laws, drivers file claims on their own insurance policies first, and they generally receive payment regardless of their degree of responsibility. 

Drivers in New York are required to carry personal injury protection (PIP) policies of at least $50,000 to cover medical expenses and related losses for anyone in the driver’s car, with an option for at least $25,000 more. However, the skyrocketing costs of medical care—especially when more than one person is involved—can quickly consume the policy amount. What happens then?

When drivers and other parties involved in auto accidents sue each other, comparative negligence law applies. However, under New York’s no-fault law, the claimant only has a right to sue the other driver for medical damages if they have suffered a “serious injury,” which includes:

1. Death
2. Dismemberment, disfigurement, or a fracture
3. Loss of a fetus
4. Permanent disability
5. Temporary disability of at least 90 days (as defined further in law)

See Insurance §§ 5102, 5104. 

Furthermore, PIP does not cover auto or property damage from car accidents. To recover for this, a claimant must file claims with the other party’s auto liability insurance. They also have the right to sue the other driver. 

Many drivers take collision insurance policies that pay for damage to their own autos and property without regard to fault. Once the insurance company has paid a collision insurance policyholder, the company can take the right to pursue that driver’s legal claims instead. 

Negligence and Evidence

Typical sources of evidence for personal injury claims include:

• Police reports
• Surveillance or traffic cameras
• Social media posts and statements
• Videos or photos from witnesses or participants
• Timestamps from wired devices, such as personal phones

Of course, evidence for negligence—or the lack of it—depends on the situation at hand. A medical malpractice case will turn on doctors’ records and staff testimony, as well as evidence and testimony of the patient’s own behavior and compliance. Corporate records and reports will be key in a construction accident claim. 

Insurance adjusters will investigate incidents that give rise to claims as soon as possible, especially where auto accidents are concerned. Adjusters review the evidence and prepare reports that assign degrees of fault to everyone involved. Naturally, these reports are not objective. Insurers do not intend to pay out a dollar more than they have to. They may try to bluff other claimants out of money by denying claims or offering quick, small settlements based on faulty or irrelevant evidence—even if they have to use personal investigators to do it.

Protecting Your Rights in New York Accidents

New York law can be complicated, but experienced plaintiff’s attorneys know how to handle low-ball offers and tough negotiations. Just having an attorney to represent you in an accident claim can help elevate your chances of a fair settlement. Our Bronx personal injury attorneys have been fighting for decades to help clients recover and get the justice they need. Call us at 718-957-8695 to schedule your free case review today.

Cycling is a big mode of transportation in New York City for a reason: offering residents and tourists alike an efficient, eco-friendly, and often enjoyable way to navigate the bustling streets. However, the increasing number of bicycles on the road has also led to a rise in accidents.

Whether you’re a seasoned cyclist or just starting, knowing your rights as someone on a bicycle and understanding your legal options if you’re involved in a bicycle accident is crucial. We’ll delve into the legal landscape surrounding bicycle accidents in New York, covering your rights as a cyclist, the common causes of accidents, and the legal steps you can take if you’re injured.

Your Rights as a Cyclist in New York

Cyclists in New York are subject to a unique blend of laws that aim to protect them while sharing the road with motor vehicles. Under New York state law, bicycles are considered vehicles, and cyclists are afforded the same rights and responsibilities as motorists, meaning that cyclists have the right to use the road, but they must also obey traffic signals, yield when necessary, and follow the same basic rules of the road as drivers.

One of the key rights you have as a cyclist is the ability to ride on the streets alongside cars and other vehicles. New York City has worked hard to create bike lanes and improve infrastructure to make riding safer. But even with these changes, accidents still happen. If you’re ever involved in an accident with a car, you’re entitled to the same legal protections as anyone else on the road.

After an accident, you have the right to seek compensation for things like medical bills, lost income, pain and suffering, and even damage to your bike. And it’s important to know that your rights go beyond just personal injuries. If your bike gets damaged, you can be compensated for repairs or even a replacement. Plus, if the driver who hit you was breaking traffic laws—like running a red light or speeding—that could strengthen your case if you decide to file a personal injury lawsuit.

Motorists’ Responsibilities to Cyclists

New York law sets clear rules for drivers when it comes to sharing the road with cyclists. Drivers are required to yield to cyclists, especially when turning at intersections, and they must give you enough space when passing. If they fail to do this, it can be seen as negligence, which plays a big part in determining who’s at fault in an accident.

In addition to this, motorists must be cautious when opening car doors into bike lanes, a phenomenon often referred to as “dooring.” Failing to check for approaching cyclists before opening a car door can lead to severe injuries and is considered a violation of New York’s traffic laws. Motorists involved in accidents with cyclists are also required to remain at the scene, exchange information, and render assistance if necessary, just as they would in an accident involving another motor vehicle.

What to Do After a Bicycle Accident

Being involved in a bicycle accident can be a traumatic experience, but knowing what steps to take afterward can significantly impact the outcome of your legal case. First and foremost, seek medical attention, even if you don’t feel seriously injured. Some injuries, like concussions or internal damage, may not be immediately apparent. Documenting your medical condition right after the accident is critical when it comes to proving the extent of your injuries.

Gather Evidence

If you’re able, gather evidence at the scene. Take pictures of the accident location, your injuries, and any damage to your bicycle. Make sure to get the driver’s contact information, insurance details, and vehicle license plate number. Additionally, it’s important to speak with witnesses who saw the accident and get their contact information as well. Their statements could be invaluable in establishing what happened and determining fault.

Once you’ve gathered evidence, report the accident to the police. The police report will provide an official record of the incident, which is often a key piece of evidence in personal injury claims. Be sure to obtain a copy of this report.

Pursuing a Personal Injury Lawsuit

In cases where your injuries are severe, or the compensation provided through no-fault insurance is insufficient to cover your damages, you may have the option to file a personal injury lawsuit against the at-fault driver. To succeed in a personal injury lawsuit, you will need to prove that the driver’s negligence caused the accident and your resulting injuries.

In addition to compensating you for your medical bills and lost wages, a personal injury lawsuit allows you to recover damages for pain and suffering, emotional distress, and loss of enjoyment of life.

Statute of Limitations for Bicycle Accidents

In New York, there are strict time limits that are referred to as statutes of limitations which govern how long you have to file a personal injury lawsuit after a bicycle accident. In most cases, you will have three years from the date of the accident to file a lawsuit.

It’s important to consult with an attorney as soon as possible after the accident to ensure that you meet these deadlines. If you don’t end up filing your claim within the statute of limitations, missing this deadline could prevent you from recovering any compensation at all.

Seek Legal Guidance

Bicycle accidents in New York can have serious, life-altering consequences, but knowing your rights and legal options can help you recover both physically and financially. Call The Law Offices of Thomas Lavin today at 718-957-8695 to schedule a free case evaluation with our team.

Navigating Negligence Claims in New York Public Transit Accidents

Using public transportation is a way of life in New York City and the surrounding area, whether that’s commuting to and from work or exploring all the Big Apple has to offer. In 2023, 3.6 million people in New York took the subway every day, and another 1.4 million used the city’s public bus transportation. While using public transit means that you don’t have to worry about navigating through traffic or road conditions, it also means that you’re giving up an element of control and putting your trust and faith in someone else. If an accident occurs, you need to know what your rights are and how to prove negligence in a legal case.

How Liability Is Determined in New York

New York is a no-fault state when it comes to motor vehicle accidents, which means that victims receive compensation from their own insurance companies up to the maximum benefit when an accident occurs. This is true regardless of whose fault the accident was. This system is designed to cut down on lawsuits and make it easier and faster for injured victims to receive compensation.

Applying New York’s Liability Rules to Public Transportation

While a public transportation accident clearly differs from a car crash, many people are surprised to find out that the liability rules still apply. If your damages were less than $50,000, you will file with your own insurance company in most cases.

However, if your damages were more than this and you want to file a lawsuit, the process can differ from a normal personal injury case. If you’re suing the Metropolitan Transit Authority, you will need an experienced lawyer to help you navigate the legal system.

The 4 Necessary Elements to Prove Negligence?

If your damages are more than personal injury protection (PIP) insurance covers, you may be able to file a personal injury lawsuit against the responsible party. In public transportation accidents, this is generally the rail operator or the bus driver. To pursue a case, you must be able to prove each of the four elements below.

The Presence of a Duty of Care

Before someone can be considered negligent, they must have first had a duty of care. This is easily established with those in charge of public transit because they have a responsibility to do everything they can to prevent accidents and ensure the safety of their passengers. When you step onto a bus or board a subway car, you are entrusting the operator with your life, and they are taking on the duty of care by driving the vehicle.

A Breach in That Duty

A driver or operator must breach their duty of care to the passengers to be considered negligent. This means acting in a way that causes an accident, such as a bus driver running a red light, or being distracted or otherwise failing to perform their job duties. For example, if a bus driver is turning around to talk to a passenger and isn’t looking at the road, this could be considered not acting in accordance with the duty of care and, therefore, being negligent.

An Accident Caused by the Breach of Duty

To pursue a civil case against a negligent public transit operator, you must be able to show that the accident was directly caused by the person’s negligence. Insurance companies and the legal teams working for the public transit authorities will do everything in their power to deny that their operator caused an accident. This includes trying to ascribe blame to other parties. A personal injury attorney familiar with public transportation accidents can anticipate these antics and have a strategy for handling them. File a NOC within 90 days and and a year and 90 days to file a lawsuit and 30 days to file an NF2 for your medical bill to be paid.

The Plaintiff Suffered Damages

The last element in a public transportation accident case is that the plaintiff must have suffered damages as a result of the accident. To be able to pursue a civil claim, those damages must total more than the PIP coverage. While $50,000 may seem like a great deal of money, it doesn’t take long to accumulate more than that in medical bills if it was a severe accident and you have major injuries, such as a traumatic brain injury.

The defendant’s legal team may try to argue that your injuries were caused by something else, such as a car wreck or fall unrelated to the public transit accident. This is why it’s important to gather evidence, such as your medical records, to show how and when you were injured and the extent of those injuries.

If you can convince the jury that each of these four elements was more likely to have occurred than not, you will win your case and be awarded compensation in line with your financial losses and pain and suffering.

You put your trust in public transit operators every time you board a bus or train. When that trust is abused and you’re injured as a result, you need the help of The Law Offices of Thomas Lavin. Call our firm at 718-957-8695 to talk to a member of our team about how we can help.

Construction sites are some of the most hazardous workplaces, and accidents are unfortunately common. When an accident occurs, it can result in significant injuries, long-term disabilities, and, in the worst cases, fatalities.

Understanding Construction Accident Claims

Construction accident claims in New York fall under the broader umbrella of personal injury law. However, they are required to follow quite a few specific rules and regulations due to the inherently dangerous nature of construction work. New York has stringent laws designed to protect construction workers, including what is often referred to as the “Scaffold Law.” These laws impose strict liability on owners and general contractors for certain types of accidents, especially those involving falls from heights.

The Importance of the Scaffold Law

New York’s Scaffold Law, codified in Labor Law Section 240, is unique in that it imposes complete liability on property owners and general contractors for gravity-related injuries, such as falls from scaffolding or ladders. If a worker falls from a height and is injured, the property owner or contractor can be held liable regardless of whether the worker is partially at fault.

The intent behind this law is to ensure that workers are given proper safety equipment and that the workplace is as safe as possible. The law also emphasizes the importance of adherence to safety regulations on construction sites, making it a critical aspect of any construction accident claim in New York.

Steps in Filing a Construction Accident Claim

Pursuing a construction accident claim in New York involves several key steps, each crucial for building a strong case. The process can be hard, requiring a thorough understanding of both state and federal laws governing construction work.

1. Seeking Immediate Medical Attention

The first and most important step after a construction accident is seeking immediate medical attention. Not only is this essential for the health and safety of the injured worker, but it also serves as critical evidence in a legal claim. Medical records documenting the injuries sustained are indispensable when proving the severity of the injuries and their impact on the worker’s life. Without proper medical documentation, it can be challenging to secure compensation, as the defense may argue that the injuries were not as severe or were unrelated to the accident.

2. Reporting the Accident

After receiving medical attention, the next step is to report the accident to the employer or site supervisor. In New York, it is crucial to report any workplace injury as soon as possible. Reporting the accident creates an official record, which is necessary for both workers’ compensation claims and any potential third-party lawsuits. Failure to report the accident promptly could lead to complications in the claims process, including delays or denial of benefits.

3. Consulting with an Experienced Construction Accident Attorney

Given the complexities of New York’s construction laws and the potential for multiple liable parties, it is a good idea to consult with an experienced construction accident attorney. An attorney specializing in construction accident claims can review the case, identify all potential sources of compensation, and navigate the legal process on behalf of the injured worker.

The attorney will also ensure that the injured worker meets all necessary deadlines, such as the statute of limitations for filing a claim, which in New York is typically three years from the date of the accident.

4. Investigating the Accident

Once an attorney is involved, the next step is to conduct a thorough investigation of the accident. This investigation will include gathering evidence such as photographs of the accident scene, witness statements, safety inspection reports, and any relevant documentation that can support the claim.

The goal of the investigation is to establish how the accident occurred, who was at fault, and whether there were any violations of safety regulations. In some cases, it may be necessary to involve experts in construction safety to provide testimony on industry standards and how they were breached.

5. Determining Liability

Determining liability in a construction accident claim can be complex, as multiple parties may be responsible for the worker’s injuries. Potentially liable parties include the property owner, general contractor, subcontractors, equipment manufacturers, and even architects or engineers involved in the project.

In New York, owners and contractors have a non-delegable duty to provide a safe work environment, which means that they cannot escape liability by claiming that the responsibility was shifted to another party, such as a subcontractor. The attorney will work to identify all liable parties and pursue claims against each one to maximize the compensation available to the injured worker.

The Role of Workers’ Compensation

Injured construction workers in New York are often eligible for workers’ compensation benefits, which include pay replacement and medical treatment. Because workers’ compensation is a no-fault system, the injured worker need not establish employer negligence in order to obtain payments. However, especially in situations involving serious injuries or long-term impairments, workers’ compensation benefits are sometimes restricted and could not adequately cover the entire extent of the employee’s losses.

The Litigation Process

If a settlement cannot be reached through negotiations with the liable parties, the next step is to file a lawsuit and proceed to litigation. The litigation process involves several stages, including filing the complaint, discovery, depositions, and, if necessary, trial.

Seek Legal Guidance

The legal process for construction accident claims is complex and requires careful navigation to achieve a successful outcome. New York’s labor laws provide significant protections, but understanding and effectively utilizing these laws requires the expertise of an experienced attorney. Call The Law Offices of Thomas Lavin today at 718-957-8695 to schedule a free consultation with us.