Dog Bite Lawyer Queens County

A dog bite or attack can cause lasting physical and emotional harm, including puncture wounds, scarring, nerve damage, and infection, and the injuries are sometimes severe enough to require surgery or reconstructive treatment. New York law addresses dog bite injuries through two distinct legal paths, and understanding which one applies to a specific injury is important before pursuing a claim. A narrow state statute allows an injured person to recover certain costs from the owner or lawful custodian of a dog that a court has already found to be a “dangerous dog,” while a separate body of common law addresses a broader range of damages based on what the dog’s owner knew about the animal’s behavior. Law Offices Of SRIS, P.C. reviews dog bite and animal attack claims for Queens County residents and visitors, including incidents that occur on a neighbor’s property, in a public place, or elsewhere in the county. These cases often turn on facts specific to the dog’s history, including whether it had bitten or threatened anyone before, whether the owner had been warned or cited, and whether any prior legal proceeding addressed the dog’s behavior. Because evidence about a dog’s history can be difficult to gather once time has passed, prompt investigation is often important. A claim connected to an incident in Queens County may be filed in Queens County Supreme Court, located at 88-11 Sutphin Boulevard in Jamaica, within the 11th Judicial District. Call Law Offices Of SRIS, P.C. at (888) 437-7747.

What a Dog Bite Claim Means in Queens County

New York does not have a general dog-bite strict-liability statute. Instead, dog bite and animal attack injuries in New York are addressed through two separate legal paths, and the path that applies, or whether both apply, depends on the specific facts of the case.

The first path is a narrow statute, N.Y. Agric. & Mkts. Law §123. Under subdivision 10 of that statute, the owner or lawful custodian of a dog that has been judicially adjudicated a “dangerous dog” is strictly liable for the medical costs resulting from an injury the dog causes. This statutory liability is limited to medical costs, and it applies only after a court has already found, in a separate proceeding, that the dog is a “dangerous dog” under the statute. It does not, on its own, provide a path to recover pain and suffering, lost income, scarring, or other non-medical damages.

The second path is the common law. Subdivision 12 of §123 makes clear that nothing in the statute limits or takes away any claim a person injured by a dog with a vicious disposition or vicious propensity may already have under the common law. Under that common-law rule, an owner who knew or should have known of a dog’s vicious propensities can be held liable for the injuries the dog causes, including pain and suffering, lost income, and other damages beyond medical costs. Unlike the statutory path, a common-law claim does not require that the dog have already been adjudicated “dangerous” in a prior proceeding; it turns instead on what the owner knew, or should have known, about the dog’s behavior before the incident.

Because these two paths serve different purposes and have different requirements, a Queens County dog bite claim often requires investigating the dog’s history, any prior complaints or citations, and any prior legal proceedings involving the animal, in order to determine which type of claim applies and what damages may be available.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

Mr. Sris and the firm’s Of Counsel attorneys begin a dog bite case by investigating the dog’s history, including any prior bites, threatening behavior, animal control complaints, or citations involving the animal or its owner. This information is central to a common-law claim, since liability under that theory depends on what the owner knew or should have known about the dog’s vicious propensities before the incident at issue.

The attorneys also check whether the dog involved has been the subject of a prior judicial “dangerous dog” adjudication under N.Y. Agric. & Mkts. Law §123, since that finding can support a statutory claim for medical costs under subdivision 10, separate from any common-law claim for other damages. Medical records, treatment history, and documentation of scarring or ongoing symptoms are compiled to support the claim, along with evidence of the circumstances of the attack itself, such as witness accounts and, where available, animal control or police reports.

The attorneys also track the applicable filing deadline. N.Y. C.P.L.R. §214(5) generally requires a personal injury action, including a common-law dog bite claim, to be commenced within three years of the date of injury. New York’s general comparative fault rule, N.Y. C.P.L.R. §1411(a), also applies, meaning any fault attributed to the injured person proportionally reduces, rather than automatically bars, recovery. This approach is applied consistently across both the statutory and common-law paths available in a Queens County dog bite case.

About Mr. Sris and the Firm

Mr. Sris is the Owner and Founder of the firm and a former prosecutor. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm has practiced since 1997, handling personal injury matters, including claims arising from dog bites and other animal attacks.

Mr. Sris brings a background in accounting and information systems, developed through coursework at George Mason University, to complex financial and technology-related cases. In a dog bite claim, that background can support careful review of medical billing records and documentation connected to a claimant’s treatment and recovery.

Mr. Sris and the firm’s Of Counsel attorneys represent injured individuals and their families in Queens County and throughout New York, Virginia, Maryland, the District of Columbia, and New Jersey. The firm does not offer free consultations, but a prospective client can request a scheduled consultation to discuss a potential dog bite claim. The firm’s principal office is located in Fairfax, Virginia, and meetings are arranged by appointment.

The Of Counsel attorneys who work with Mr. Sris bring additional experience to the firm’s personal injury practice, assisting with investigation, records review, and client communication throughout a case. Their involvement supports the firm’s ability to research a dog’s history and applicable legal theories, from initial investigation through resolution, while keeping clients informed of significant developments.

Frequently Asked Questions

Does New York have a strict liability law for dog bites?

Not a general one. New York does not have a statute that makes a dog owner automatically liable for all damages caused by a bite. Instead, N.Y. Agric. & Mkts. Law §123, subdivision 10, provides a narrow strict-liability rule limited to medical costs, and only after a court has already adjudicated the dog a “dangerous dog” in a separate proceeding. Damages beyond medical costs, such as pain and suffering or lost income, are not covered by this statute and instead proceed under New York’s common law, which does not require a prior dangerous-dog adjudication. An attorney can explain which path applies to a specific incident.

What if the dog that bit me was never declared “dangerous” by a court?

A prior court adjudication is not required to bring a claim. New York’s common law allows an injured person to pursue a claim against a dog’s owner based on the owner’s knowledge of the dog’s vicious propensities, regardless of whether any court previously declared the dog “dangerous.” N.Y. Agric. & Mkts. Law §123, subdivision 12, confirms that the statute does not limit or take away this common-law claim. What matters under the common law is whether the owner knew, or should have known, that the dog had violent tendencies before the incident occurred.

What damages can I recover in a dog bite case?

The damages available depend on which legal path applies. A statutory claim under N.Y. Agric. & Mkts. Law §123, subdivision 10, is limited to medical costs and requires a prior “dangerous dog” adjudication. A common-law claim, which does not require that prior adjudication, can potentially address a broader range of damages, including pain and suffering, lost income, and scarring, depending on the facts and what the owner knew about the dog. An attorney can evaluate the specific facts of an incident to identify what damages may be available.

How long do I have to bring a dog bite claim in Queens County?

Under N.Y. C.P.L.R. §214(5), a personal injury action, including a common-law dog bite claim, generally must be commenced within three years of the date of injury. Because evidence about a dog’s history, prior complaints, and any owner warnings can become harder to gather as time passes, addressing a potential claim promptly is generally advisable. Witnesses may also become difficult to locate the longer a claim is delayed. An attorney can help confirm the applicable filing deadline based on the specific date of the incident and the facts involved.

Does it matter if I was doing something that provoked the dog?

New York’s general comparative fault rule, N.Y. C.P.L.R. §1411(a), applies to most personal injury claims, including dog bite claims. Under this rule, conduct attributed to the injured person does not automatically bar recovery but may proportionally reduce the damages recovered. Whether specific conduct affected the incident, and to what degree, depends on the facts, including what happened immediately before the bite occurred and what the dog’s owner knew about the animal’s behavior. An attorney can evaluate how this framework applies to a specific dog bite case.

Related Pages

• Animal Attack Lawyer Queens County
• Negligence Lawyer Queens County
• Catastrophic Injury Lawyer Queens County
• How much is my personal injury case worth in Queens County

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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