Published on:

Dog Owner Seeks Damages for Animal to Animal Attack, NY Court Finds for the Plaintiff


A coonhound mix dog attacked another dog. The owners of both dogs were neighbors residing in a side-by-side duplex. One day, the owner of the coonhound mix went out to tie up her dog in the back yard however her dog got away and attacked the complainant who was in the back yard of the duplex at that time. The complainant were not injured and managed to get away from the dog. A New York Injury Lawyer said the coonhound mix then ran around to the front of the house of the complainant’s side, where the complainant’s roommate was sitting on the porch. The coonhound mix proceeded to chase that individual into the front door of the complainant’s residence. When they got inside, the coonhound mix attacked a little dog causing life threatening injuries to it. The harm acquired by the little dog required surgery and significant follow-up veterinary care. The bills generated by the said attack were submitted to the court.

The complainant sued the owner of the coonhound mix and seeks reimbursement for veterinary bills acquired as a result of the injuries sustained by their dog. The complainant testified that she was not aware of any violent tendency of the coonhound mix nor had she ever seen the coonhound mix dog attack another animal. The facts were confirmed by the owner of the coonhound mix. The owner of the coonhound adopted the dog from a farm, which is operated by the humane society about a year before the attack. In addition, the owner of the coonhound mix presents evidence through a letter from the farm, which stated that based on paper work and conversations with staff during the time the dog was at the farm, the staff did not observe any aggression towards other dogs. The owner of the coonhound mix also testify that since she had a baby, the behavior of the dog changed in which she observed him bark and growl from time to time. She further testified that the dog was not very obedient.

Based on records, the state recognizes a reason of action which imposes strict liability or no proof of negligence necessary upon owners for injuries inflicted by their violent dogs, the owners which have knowledge thereof and viciousness being defined as prior bites and mischievous tendency. A Staten Island Personal Injury Lawyer said in common law negligence, the instant case of the owner of the coonhound mix failed to maintain control of their dog. As to the testimony indicated, the court stated that there is no merit to the contention of the complainant that she may assert a common law negligence reason for action against the owner of coonhound based upon the failure to secure the dog properly, without having to prove that the dog had violent tendencies of which the owner was aware. Liability is not dependent upon proof of negligence in the manner of keeping or confining the animal, but is predicated upon the owner’s keeping of the animal, despite his knowledge of the animal’s violent tendencies.

The court finds that the case conflict, between the substantive law, as established by the case law defining the liability of a dog owner or custodian under theories of strict liability and common law negligence and the concept of substantial justice, is resolved by the dangerous dog provisions of the agriculture and markets law.

In the instant legal action filed, the complainant established that the harm sustained by their dog, were caused by the coonhound mix. A Suffolk County Criminal Lawyer said the complainant further established that the veterinary bills generated by the attack were in the amount of $1,167.95. For such reason, the court finds that the owner of the coonhound mix is liable to the complainant in accordance to agriculture and markets law. The decision shall enter in favor of the complainants and against the owner of the coonhound.

Attacks from either another person or an animal would cause great amount of distress. When you become a victim of an attack and would want to be represented by effective lawyers, consult a NY Dog Attack Attorney. Whether you have been involved in a dog attack, premises liability or a medical malpractice action, contact Stephen Bilkis and Associates for a free consultation.

Contact Information