A man was bitten by a pit bull last month in the East Village. The victim alleges that the dog attacked him while he was passing by. The owner alleges that the dog attacked because the victim trespassed. The dog’s owner was asleep at the time of the attack and witnessed nothing. While this appears to be a classic case of “he said she said”, this dog attack in New York case gets even more complicated.
The five-year old dog has lived with its owner near the intersection of Second Avenue and First Street in the East Village for nearly six months without any other issues. A neighbor who occasionally takes care of the dog says that the dog has never exhibited any aggressive behavior. That same neighbor bought the dog a leash (which he was on at the time of the attack) so he couldn’t stray. The owner may have done everything possible to ensure that her dog was not a problem animal.
However, evidence collected by emergency responders does indeed show the man was bitten (though he denies any wrong doing). To make matters more complicated, the owner is homeless and merely squats at the location where the attack occurred.
As standard procedure, NYPD took the dog to a shelter for a mandatory 10-day rabies watch. During that time, the dog’s behavior was evaluated. Now, decision has to be made to place the dog in a shelter, find a new owner or euthanize the dog. It’s unlikely that the original owner will regain custody.
Regardless of the circumstances of this case, New York law states that owners must maintain reasonable control of their animals at all times. If not, owners can be liable for any injuries caused by those animals.
Prosecuting a dog bite case can be complicated. If you’ve been bitten, getting the compensation you deserve can be difficult. Contact the experienced New York City dog attack attorneys at the Law Offices of Nussin S. Fogel today. Call 800-734-9338 or 212-385-1122 right now.