Personal Injury & Municipal Liability (New York State)

An unexpected injury can change every aspect of your life—from your health and ability to work to your financial security and your family's future. I represent individuals and families throughout New York in personal injury and municipal liability matters involving negligence, unsafe property conditions, serious accidents, and claims against governmental entities. Every case begins with a careful investigation of the facts and a strategy tailored to the client's objectives.

My practice includes representation in matters involving:

- Car accidents
- Truck and commercial vehicle accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Slip-and-fall and trip-and-fall accidents
- Premises liability and unsafe property conditions
- Defective sidewalks and roadway hazards
- Construction accidents — including scaffold falls, crane accidents, and Labor Law claims
- Dog bites and animal attacks
- Nursing home negligence and elder abuse
- Wrongful death
- General negligence claims
- Municipal liability claims involving cities, counties, school districts, transportation authorities, and other governmental entities

New York Statute of Limitations for Personal Injury

In New York State, the statute of limitations for most personal injury claims is three years from the date of the accident. This includes car accidents, truck accidents, pedestrian accidents, motorcycle accidents, bicycle accidents, slip-and-fall cases, construction accidents, and dog bite claims. Wrongful death claims must be filed within two years of the date of death. These deadlines are strictly enforced—once they pass, your claim is permanently barred.

New York Pure Comparative Negligence Rule

Under New York law, you may recover damages even if you were partially at fault for the accident. Your compensation is reduced by your percentage of fault—but not eliminated entirely unless you were 100% at fault. For example, if your total damages are $100,000 and you are found 20% at fault, your recovery is reduced to $80,000. Do not assume you have no case before speaking with me. New York follows a "pure" comparative negligence system—unlike some states, there is no threshold where being more than 50% at fault bars recovery.

New York Dog Bite and Animal Attack Claims

I represent individuals and families who have been injured by dog bites and animal attacks. These cases can result in serious physical injuries, permanent scarring, emotional trauma, and significant medical expenses. This area of law changed significantly in 2025.

Recent Changes in New York Dog Bite Law

A landmark decision by the New York Court of Appeals in April 2025 significantly expanded the rights of dog bite victims. In Flanders v. Goodfellow, the Court held that victims may now bring negligence claims against dog owners—not just strict liability claims based on prior vicious propensities. This means you may now have multiple paths to recovery.

Under a negligence theory, you must prove that the owner failed to exercise reasonable care under the circumstances that caused your injury. Prior bite history is no longer required for this claim. Under strict liability, you must prove that the owner knew or should have known the dog had vicious propensities, such as prior bites, growling, snapping, or baring teeth. Under statutory strict liability, if a dog is declared "dangerous" under Agriculture and Markets Law Section 123, the owner is strictly liable for your medical costs.

What Qualifies as a Dog Bite or Animal Attack Claim?

Claims are not limited to bites. Under New York law, you may have a claim for dog bites causing puncture wounds, lacerations, or crush injuries; animal attacks resulting in permanent scarring or disfigurement; injuries from being knocked down or knocked over by a dog; animal-related injuries requiring reconstructive or plastic surgery; psychological trauma, including fear of dogs or public spaces; and wrongful death resulting from a fatal animal attack.

Proving Vicious Propensities

Under New York law, a dog's "vicious propensities" include any behavior that reflects a proclivity to act in a way that puts others at risk of harm. Evidence of vicious propensities includes prior attacks or bites; growling, snapping, or baring teeth at people; the manner in which the dog was restrained; and any behavior showing a proclivity to put others at risk of harm. Knowledge of normal canine behavior—such as barking at strangers, pulling on a leash, or chasing animals—will not support a finding of knowledge of vicious propensities.

Other Potentially Liable Parties

While the dog owner is often the primary defendant, other parties may also be liable for your injuries. Landlords may be held liable if the landlord knew the dog was present and knew of its vicious propensities before the lease began. Property owners may be liable if the attack occurred on commercial or residential property with notice of a dangerous dog. Dog walkers, sitters, and caretakers—individuals who had control of the dog at the time of the attack—may also be liable. Businesses, including pet-friendly businesses or workplaces that failed to take reasonable steps to prevent harm, may also be responsible.

Damages You May Recover

If you or a loved one has been injured by a dog or other animal, you may be entitled to compensation for emergency medical care and follow-up treatment; reconstructive or plastic surgery for scarring; lost wages and diminished earning capacity; pain and suffering; emotional distress and psychological trauma; permanent disfigurement; and future medical treatment and rehabilitation.

New York Nursing Home Neglect and Elder Abuse

New York nursing homes owe residents a legal duty of care. Neglect—whether through understaffing, improper training, or failure to follow care plans—can cause serious injury or death. Bedsores, also known as pressure ulcers, unexplained falls, rapid weight loss, dehydration, infections, and medication mistakes are common signs. I review these cases carefully and act quickly. Early investigation is often important because medical records, facility records, surveillance footage, and witness recollections may become more difficult to obtain over time.

Statute of Limitations for Nursing Home Claims

Most nursing home negligence claims must be filed within three years of the injury or when it was discovered. However, if neglect resulted in death, a wrongful death claim must be filed within two years of the resident's passing. Cases involving municipal or government-run nursing homes may have shorter deadlines, including the 90-day Notice of Claim requirement.

Municipal Liability

Claims against municipalities and governmental entities often involve legal requirements that do not apply to ordinary personal injury cases. These matters may involve dangerous public sidewalks; unsafe streets and roadways; public parks and government buildings; school negligence; government vehicle accidents; public transportation incidents; and other claims involving governmental entities.

Many municipal claims require service of a Notice of Claim within 90 days, followed by additional statutory deadlines, including filing a lawsuit within one year and 90 days of the incident. The notice of claim must set forth the nature of the claim, the time, place, and manner in which the claim arose, and the items of damage or injuries claimed. If the notice is defective or untimely, the claim may be dismissed. Because these deadlines can be strictly enforced, early legal evaluation is essential.

Investigation and Case Preparation

Every personal injury case begins with a careful investigation of the facts. Depending on the circumstances, representation may include investigation of liability; preservation of evidence; review of accident reports; collection of photographs and video evidence; witness interviews; medical record review; analysis of insurance coverage; and coordination with medical providers and expert witnesses when appropriate. Early investigation is often critical because evidence, surveillance footage, and witness recollections may become unavailable over time.

Insurance Claims and Litigation

Some personal injury matters can be resolved through insurance negotiations. Others require litigation. Depending on the circumstances, representation may include pre-suit investigation; insurance negotiations; Notice of Claim proceedings; litigation in New York courts; motion practice; discovery; trial preparation; and settlement negotiations. Every case is evaluated individually, and litigation strategy is developed according to the facts, applicable law, procedural requirements, and the client's objectives.

Fee Arrangements

Many personal injury matters are handled on a contingency fee basis, meaning attorney's fees are payable only if there is a recovery by settlement, judgment, or award. Costs and expenses are addressed in the written retainer agreement and deducted from the final recovery before the contingency fee is calculated, unless otherwise agreed in writing. Contingency fee percentages vary depending on the stage of the case and whether the matter settles before or after trial. All contingency fee terms are confirmed in a written retainer agreement.

Cases involving municipalities, governmental entities, complex liability issues, or unusually extensive litigation may require a different or hybrid fee arrangement. All fee arrangements, anticipated costs, and the scope of representation are discussed during the initial consultation and confirmed in a written retainer agreement.

Important Notice

Every personal injury case depends on its own facts, medical evidence, procedural posture, and applicable law. Past results do not guarantee a similar outcome. No attorney-client relationship is created unless and until both attorney and client sign a written retainer agreement.