A pit bull, which was on a leash, was taken for a walk by its pregnant owner. The pit bull passed the home of the owner of a German shepherd and the German shepherd, which was on a leash attached to the railing of the porch, escaped and charged at the pit bull, as reported by the New York Law Journal in an April 9, 2013 news article.

As a result, the  dogs got into a fight, and  both animals were injured. This caused the owner of the pit bull to suffer a miscarriage and lose her baby. The owner of the German shepherd filed a complaint, and the town justice held that the pit bull was aggressive and that its owner was about 65% liable for the German shepherd’s medical bills. Moreover, the court held that the  pit bull’s owner must keep the dog on a leash.  This decision was appealed and eventually the Third Department reversed the town justice’s decision because “a dangerous dog is one who attacks without justification.” Here the pit bull was not dangerous, and it was merely defending itself against the German shepherd which provoked the attack. Moreover, the town justice failed to note that German Shepherds are also dangerous dogs like pit bulls. Furthermore, there was no proof that the pit bull attacked anyone before, and the pit bulls actions in this case were justified because it was bothered or instigated while its owner took it for a walk.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at www.MyNewYorkCityLawyer.com.