Dog Bites

Wednesday, January 6, 2016

Appellate Division, 2d Department Roundup: November 18, 2015 Edition

In this edition of the Roundup, employees at a local psychiatric hospital are attacked by a patient, and a dialysis patient falls off the scale during a weigh-in, as well as several motor vehicle accidents. The most exciting element was that the City was found to have constructive notice of expansion joists that were not flush with the pavement on the bike path of the Manhattan Bridge, allowing plaintiff's practitioners to sidestep at least one aspect of the prior written consent law. More, after the jump . . . 

Read more . . .

Tuesday, November 10, 2015

Pit Bull Attacks, Kills 9-Year-Old

While the attorneys at Feldman, Kronfeld & Beatty are dog owners, and have friends and family that owns pit bulls, the attorneys here are concerned about the widespread misuse of this dangerous breed of dogs. While the New York courts have said, on multiple occasions, that pit bulls are not so dangerous as to put the owner on notice of the danger of that breed, we still seek justice for those attacked by pit bulls.

On Sunday, a 9-year-old and two others were playing in the back yard of 236 Holland Avenue in Elmont, Long Island. Their neighbor, Carlyle Arnold, had a two-year-old pit bull named Kane that he, on occasion, complimented as a "Beast!" This "Beast!" locked its jaws around the doomed girl and shook her like a rag doll, and when police officers arrived and tried to release the girl, the dog attacked them too. The officers shot and killed the dog. The child died a few hours later at Franklin Hospital.

If you or a loved one are attacked by a pit bull, talk to an experienced trial attorney like the attorneys at Feldman, Kronfeld & Beatty about your rights and potential claims. Here, there are reports that "if somebody came too close to the house, [the dog] would react . . . [and] start barking." These are clues that, on further investigation, may lead to a potential claim. For a free consultation, call (212) 425-0230 or


Monday, September 28, 2015

Dog Jumps, Hip Breaks: Can This Manhattan Woman Recover From this Dog Attack?

We here at Feldman, Kronfeld & Beatty are responsible pet owners, but not everyone in New York City is. There are reports that a woman in Manhattan was attacked by a dog who pushed her to the ground, breaking her hip. She is suing the owner of the dog for negligence.

The attorneys at Feldman, Kronfeld & Beatty have vast experience in dealing with lawsuits involving domestic pets. The truth is that, since recent Court of Appeals decisions including Doerr v. Goldsmith, it will be very difficult to sue the owners of domestic pets for injuries suffered by that pet unless the plaintiff can prove a "vicious propensity," or other propensity that would put the owner on notice that the dog had to be given special attention. It is reported that this owner knew that the dog was likely to jump on people; however, as in Doerr v. Goldsmith, dogs acting like dogs is usually not enough to recover.

If you are injured in an accident involving a domestic pet, call an experienced trial attorney immediately to discuss your injuries and possible rights and claims. The attorneys at Feldman, Kronfeld & Beatty, who have decades of experience, are available at (212) 425-0230 or at for free consultations to discuss these very issues with you.

Monday, September 14, 2015

Dog Bites: The Most Recent Bronx Attack and Current Law

We here at Feldman, Kronfeld & Beatty are responsible and loving dog owners, but that does not change our commitment to providing justice for those that have been hurt in vicious dog attacks.

On Friday, a man was attacked by two pit bulls in the Bronx. Dog bites are particularly dangerous, and almost always they require the supervision of a medical professional to prevent the spread of infections or virulent diseases like rabies. For example, the two pit bulls in question are being examined right now to make sure that they do not have rabies. If you are bitten by an unknown dog, make sure to immediately speak to a medical professional to get the proper treatment.

In New York, under certain circumstances, individuals who are bit and maimed by dogs can initiate a lawsuit against the dog owner and the landlord of the dog's owner for negligence. It is, in general, very difficult to maintain an action against the owner of a dog because of the "one bite rule." This rule was reinforced in the recent Court of Appeals case Doerr v. Goldsmith, which held against the plaintiff for failing to prove "whether defendants had notice of the animals' harmful proclivities." In short, if a dog hasn't bitten anyone before, it will be very difficult to sue the dog owner.

However, it appears that in this case, the dog had attacked several other dogs over the course of the summer and had a reputation as a dangerous animal. In those situations, a lawsuit may possibly be maintained against the dog owner for any bites from that dog. As in all possible lawsuits, make sure to contact an attorney who can protect your rights if you believe that you have been a victim of a dog bite attack. And if you are bitten by a dog, unknown or known, make sure to contact the NYC Department of Health and Human Hygiene to report the attack.

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