Biteless Prior Incident Enough for Punitives Claim in Dog-Bite Case

Posted on: July 23rd, 2014       Attorney Thomas Newell

The Legal Intelligencer 7/22/14

“It really talked about three separate ways of recovery that in my view had not been granted previously,” Newell said. “This gives much greater viability to our claims, and if there’s greater exposure to punitive damages, that has to cause an insurance company to think twice before taking a hard line.”

Bitting sought punitive damages based on Dog Law Section 459-102, and argued that the word “attack” did not require the dogs to have previously bitten a person, but only required that the dogs had previously pursued someone to establish notice of a vicious propensity, Newell said.

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