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Dog Owner Bit in Face Can't Sue Seller of Dog?

On August 17, 2016 an Appellate Court overruled a Judge in Nassau County Supreme Court who had refused to dismiss a lawsuit against the North Shore Animal League (animal shelter) by a consumer who "adopted" one of their dogs. The lower court believed that a jury should decide whether the shelter fraudulently concealed knowledge of the dogs vicious propensity because the dog had been returned twice by other dog lovers for aggressiveness and biting.

The Appellate Court noted that the consumer had owned the dog for over 3 months and was fully aware of the dog's vicious propensities which included: growling while being fed by the owner; lunging at people from behind a fence; and, biting the owners hand 1 month earlier so severely, she was hospitalized for 3-4 days. It was not until the dog bit its owner's face, did the owner sue the North Shore Animal League.

The Appellate Court dismissed the owners lawsuit explaining that even if the owner wasn't properly told of all known vicious propensities possessed by the dog---the owner was well aware before the dog bit her face that the dog was vicious. Therefore, the North Shore Animal League was not the cause of the plaintiff's facial injuries--the plaintiff already knew her dog was a threat.

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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