Animal Attacks

How to Avoid Liability for Trick-or-Treaters at Your Home

September 29, 2024 | by Michael Bersani

Are you going to participate in the trick-or-treat tradition at your home his year for Halloween? If so, take these tips from a Syracuse New York personal injury lawyer who has handled trick-or-treat injury cases. I’d rather see our children safe than sue on their behalf after they are injured at your home.

Introduction

Halloween is a time for fun, costumes, and candy. Children eagerly roam neighborhoods, knocking on doors for a trick or treat, while homeowners get into the festive spirit by decorating their homes and preparing treats. However, as a homeowner, it’s important to remember that hosting trick-or-treaters comes with certain responsibilities, particularly in terms of safety. Failing to ensure a safe environment could open the door to liability claims if a child or parent gets injured on your property. Then someone like me, a personal injury lawyer, might be having a process server take the same path to your front door as the trick-or-treaters, but rather than seeking candy, he will be serving you with a lawsuit. Here are some steps you can take to minimize the risk and enjoy a worry-free Halloween.

Dog-Bite Insurance Coverage Gets a Boost in New York

February 11, 2022 | by Michael Bersani

Dog bite victims’ lawyers (like me) have noticed a disturbing trend in recent years: Severe dog bite injuries are growing while insurance coverage for them is shrinking. Why? Two intersecting trends are the root cause:

Trend number 1: Dogs are getting meaner, and meaner. The percentage of new dogs that are pit-bull types (included mixes) has been growing. Pit bulls are now the fifth most popular dog to own, and that number is growing. They account for about 20% of dogs in the USA. The meaner dogs get, the more likely it is for you or your loved ones to become victims.

Trend number 2: More and more homeowner insurance companies are sneaking “dog-attack/bite” exclusions in their policies. Some of the carriers simply refuse to provide any coverage at all for dog-attack injuries. Others exclude only certain breeds – those considered most aggressive – including bit bulls, German shepherds and Doberman pinschers. The dog owner usually discovers the exclusion only after their dog has done the deed.

Liability Rules for Animal Attacks in New York. Lions and Tigers and Bears (and dogs) oh my!

July 29, 2020 | by Michael Bersani

Every once in a while, my news feed delivers to me some horrendous story about a lawsuit involving a vicious attack by someone’s exotic pet animal such as a monkey or wolf or bear. Yes, some folks don’t find owning a standard run-of-the-mill dog or cat satisfying enough. No sir, they want to take a “walk on the wild side”. They might get a pet wolf, boa, miniature crocodile – you name it.

Since this is a legal blog, and a New York one, I am going to speak about what you have to prove in New York if you are attacked by a pet animal such as a bear or wolf versus the proof you need if you are attacked by a traditional pet – like a dog. There’s a legal difference!

Let me briefly digress. We had a case several years ago where our client accepted an invitation to visit a friend who was soon to be the lucky recipient of lawsuit papers signed by yours truly. What did he do to earn such an honor? He harbored his own private collection of caged bears and other exotic animals, a miniature zoo. Just a nice little hobby. He loved showing off his trophy beasts to friends and neighbors, and that’s what he did to our client. Unfortunately, he failed to warn our client about the length of the bears’ arms. Our client inadvertently wandered too close to a cage, and the bear got him in – well – a bear hug. I’ll spare you the gruesome details of what happened next.