Animal Injury, Dog Bite My Neighbor's Dog Bit Me

N

nickisix

New Member
Jurisdiction
New York
I have some questions for you and the first is about my neighbor's dog that bit me. Dogs are allowed in our building and one of my neighbors on a floor downstairs has a pretty big dog. I was in the elevator and then my neighbor, her husband and the dog got in so they were in front of the door. When I tried to get out on the first floor, I tried to get around them to go out the door. The dog barked at me and I tried to move quickly out the door and the dog bit me on the leg. The neighbors said that I shouldn't have moved suddenly and it's my fault for freaking out the dog because the dog hasn't bitten anyone before and has no dog bite record? I think they should not have entered the elevator with their dog knowing that it was too crowded and they should be responsible for the dog. I went to the doctor to get checked and tested and had to get the wound closed. While it was only a few hundred dollars, I don't think it should come out of my pocket. What can I do?
 
Sue your neighbor for the cost of your medical expenses.

Try asking for reimbursement first, but it doesn't sound like he'll be cooperative.
 
nickisix said:
The neighbors said that I shouldn't have moved suddenly and it's my fault for freaking out the dog because the dog hasn't bitten anyone before and has no dog bite record?
Click to expand...

The first part of that is BS but the second part is, unfortunately, true.

New York is a "mixed" state, meaning that it has a dog bite statute that mixes the one-bite rule with a limited degree of strict liability. The statute makes the owner or keeper of a previously adjudicated "dangerous dog" strictly liable only for the victim's medical and veterinary costs. For other damages, New York requires a victim to prove that the dog had the dangerous tendency to bite people, and that the dog owner knew it. New York does not permit victims to recover compensation on the ground of negligence.

Quoted from:

New York Dog Bite Law

You can read more about it at that site.
 
I never get on any elevator with people I don;t know.
Even if I know the people, I never get on an elevator if an animal is also on the elevator.

If strangers attempt to enter an elevator at an intermediate floor, I immediately exit the elevator.

I exit immediately if anyone enters with an animal.

As a male, I never ride on an elevator with any female that isn't my mother, grandmother, aunt, daughter, granddaughter, or spouse.

I also have a limit of THREE other people, even if known to me, on an elevator.

If any attempt to exceed that is made, I immediately exit.

I have walked up 40 flights of stairs ot enforce my rule.

These days I would simply abandon any attempts to go to any floor above the 4h.

Yeah, my wife thinks its weird, but I tell her the rules I make for my life aren't meant to be broken.

As John Merrick (aka Elephant Man) said:

MERRICK: Never had a home before.

TREVES : You have one now. Say it, John : Home.

MERRICK: Home.

TREVES : No, no, really say it. I have a home. This is my home. I have a home. As long as I like?

MERRICK: This is what home is.

TREVES : That is what is home.

MERRICK: If I abide by the rules I will be happy.

TREVES : Yes, sir.

MERRICK: Don't be shy.

TREVES : If I abide by the rules I will be happy.

MERRICK: Very good. Why?

TREVES : Why what?
 
It doesn't hurt to politely ask the neighbor to cover your expense.
You can also follow up with a report to animal control so there is a record of the bite incident (perhaps there already is one?)
 
nickisix said:
The neighbors said that I shouldn't have moved suddenly and it's my fault for freaking out the dog because the dog hasn't bitten anyone before and has no dog bite record?
Click to expand...

Despite your use of a question mark, this sentence is not a question. If you intended a question, I cannot discern what you intended to ask.

nickisix said:
What can I do?
Click to expand...

I'm quite confident you have the ability to do a great many things. Among the things you likely have the ability to do are the following:

1. Write the neighbors a note asking that they reimburse you for the costs you incurred in obtaining treatment.

2. Write your landlord a note about what happened and asking that the landlord take appropriate action.

3. Contact animal control about the incident.

4. Google "new york dog bite laws" and educate yourself.

5. Sue your neighbor in small claims court.

6. Move.
 
I remember Mayor Ed Koch aka the judge on the People's Court often explaining the "One Free Bite Law" in New York State. That said, here's an idea which hasn't been offered. If you're in an apartment building or community which has house rules or condo association rules, check the pet provisions which pertain to dogs. I know that we have dog rules in our building and that every shareholder and tenant agrees to abide by those laws. There may be limitations set forth such as the size or breed of dog permitted. Even if you may find it challenging to recover under New York's One Bite Free law, you might have a case that your neighbor violated the house rules.
 
Highwayman said:
I don't ever remember Ed Koch on The People's Court! WAS it him or did you mean Judge Wapner?
Click to expand...

It sure was His Honor, the affable Judge Ed Koch.

judgeed.jpg

He was himself, which made the show all the more interesting to me.



Second version (1997-present)
On September 8, 1997, a new version of The People's Court debuted in first-run syndication as a 60-minute program. The series as a whole reached its 32nd season on September 5, 2016, with its 20th season in its current production cycle. By that point, the 1997 revival has already outlasted its original version, which ran 12 seasons. The show's second life has been headed by three judges since its debut.

Ed Koch (seasons one-two, 1997-99)
When the new People's Court premiered in 1997, former New York newscaster Carol Martin of WCBS-TV hosted from a studio with Harvey Levin, who was involved with the prior edition of the series as a legal consultant, serving as a co-host in the field taking questions and opinions from people at the Manhattan Mall, then returning to the studio at the end of the show for a wrap-up. Curt Chaplin was hired to serve as the show's announcer and to fill Doug Llewelyn's position as the court reporter, although with the addition of a host, his role was limited to interviewing the litigants after the conclusion of each case.

Former New York City Mayor Ed Koch presided over the court from September 8, 1997, to June 25, 1999 (with reruns airing until September 10).[14] Several months into the run, Martin departed the series and Levin became the series' sole host. The studio segments were done away with and Levin hosted the entire episodes from the viewing area, which eventually moved from the Manhattan Mall to the Times Square visitors' center. Since Levin is now based in Los Angeles with TMZ, the viewing area has moved to the Third Street Promenade in Santa Monica, California, while production of The People's Court has moved to Connecticut. The opening outlines of the taped cases are shown to people in the outdoor viewing area on a monitor. Their responses are edited into the program.
 
I met him a few times. He always seemed even taller than he actually was. And was he ever animated!

Jerry... yes, I remember him. I recall thinking picturing life at home and knowing which of the two of them controlled the TV remote! :D
 
That's a great find. What Judge Koch did well was holding back from restraining the defendant from creating high quality made for TV video of people acting poorly. And as he said, he has created legal preceding and law to be cited for who has possession of a baseball and what is defined as a catch!
 

Share this page

Get a free case review from a lawyer
Back
Top