Legal Question in Civil Litigation in New York
Dog attack
A neighbor's dog attacked my dog, which resulted in numberous surgery (amounting to $1500, so far.) They now deny owning a dog. Can I go after their homeowner's policy for payment of danages. [they took the dog out without a leash and collar. The attack was in the street two doors from their house.]
1 Answer from Attorneys
Re: Dog attack
Under NY law, in order to establish liability you must prove that the owner knew that the dog had a vicious propensity. Where they are claiming that they did not own the dog you would want to show that they harrobred it, fed it etc., perhaps knew that it was a stray and failed to call the dog pound, etc.
Whether or not they "owned" the dog would then presumably be a question of fact for a jury to decide.
The defendant's homeowner's policy would very likely cover this type of accident assuming that you could prove liability.
Joe D'Addario
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