Dog Bites/Attacks

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In DeCollibus v. Schimmel, 2023 NY Slip Op 00372 (N.Y. App. Div. 1st Dept. Ja. 26, 2023), the court affirmed the lower court’s order dismissing plaintiff’s negligence claim, arising from injuries sustained when defendant’s dog (Lola) chased a ball onto a road in Central Park and collided with plaintiff while she was riding her bike.…

Read More Chasing Ball Was “Normal Canine Behavior”, Not Evidence of “Vicious Propensities”
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In Hewitt v. Palmer Veterinary Clinic, PC, No. 28, 2020 N.Y. Slip Op. 05975, 2020 WL 6163313 (N.Y., Oct. 22, 2020), the New York Court of Appeals held that the so-called “vicious propensity notice” rule – generally applicable to situations where an injury results from a domestic animal – was inapplicable here, where the alleged attack…

Read More “Vicious Propensity” Rule Inapplicable to Claim Arising From Dog Attack in Veterinary Clinic Waiting Room
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In Tighe v. North Shore Animal League Am., 2016 NY Slip Op 05807 (App. Div. 2d Dept Aug. 17, 2016), a dog bite case, the court reversed a lower court’s denial of defendant’s motion for summary judgment. The facts: On May 19, 2012, the plaintiff adopted a dog from an animal shelter, the defendant North Shore…

Read More Dog Bite Case Dismissed; Plaintiff Was Aware of Adopted Dog’s Vicious Propensities
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Dog-bite injuries can be serious and in some cases deadly. If it happens to you, can you (successfully) sue under New York law for damages? It depends. Unlike in other types of personal injury cases, a person injured by a domestic animal (e.g., a dog) may not proceed on a theory of negligence. Rather, under…

Read More Who’s a Bad Boy? “Vicious Propensities” and New York Dog Bite Law
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In Ciliotta v. Ranieri, a dog bite case, the Supreme Court, Kings County, dismissed plaintiff’s case, finding that there was insufficient evidence that the dog had “vicious propensities” as required by New York law. It all started with a friendly discussion between neighbors. Involving thrown dog poo and choking: On April 14, 2011, Defendant Nicole…

Read More Brooklyn Dog Bite Case Dismissed Where Protective Dog Was Not Shown to Have “Vicious Propensities”
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In Hall v. United Founders, Ltd., a dog bite case, the Appellate Division, First Department reversed a summary judgment for defendant dismissing plaintiff’s complaint. Plaintiff sued after being attacked by a dog being dept by a construction site night watchman. Defendant United Founders, a general contractor, was constructing buildings on two adjacent properties.  It hired…

Read More Dog Bite Case Continues; Issue of Fact Existed as to Awareness of Offending Dog’s Vicious Propensities
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