Monday, October 18, 2010
The owner of a Chinese restaurant entered a fenced yard to deliver a menu and was attacked by three pit bulls, losing an earlobe and nearly his life. The yard had a sign saying "beware of dog". Read it all here and here. It is not clear whether the dogs were chained. The cops don't intend to to prosecute the owner of the house and are even returning his dogs. And New York's "one bite" rule doesn't help. But none of that should prevent the restaurateur from suing the dog owner. See Tucker v. Sclafani & Sons, 200 NYS2d 778 (Sup Ct. NY Co. 1960).
Posted by credo-ny at 7:48 AM