Long Island Personal Injury Lawyer & Attorney : Cassisi & Cassisi Law Firm : Car Accidents, Construction Injuries : New York City Metro Area

The New York State’s highest court recently ruled in favor of a dog owner upholding the state’s venerable “one-bite rule”. Here’s what happened and what you need to know if you or someone you know is injured by a dog bite.

A Labrador mix Scooter bit an 8 year old girl in a Bridgehampton toy store in 2003 and the girl need more than 40 stitches. The girl’s parents promptly filed suit against the dog owner. The defense proved during trial that Scooter had never behaved viciously before. The dog’s owner was found not to be liable for damages to the girl because he did not have any prior notice or knowledge of the dog’s vicious propensities. In New York State there is a 180 year old body of common law that suggests owners are not liable in animal attacks as long as their pets had never behaved aggressively in the past. The victim’s attorney challenged the law saying the court failed to protect New Yorkers by refusing to overrule and reverse an old rule that leaves children and adults at risk. 

The court upheld the law that says as long as your dog hasn’t bit, lunged, growled at or jumped on people before the owner is not liable. The result, dogs essentially get “one free bite”. 

What it comes down to for people who have been injured by a dog bite, is having an experienced attorney who can deeply and thoroughly investigate the dog and it’s owners past history to frame for the court sufficient evidence to prove liability.

To learn more about what to do in the event of dog bites, listen to Frank Cassisi’s pod cast on dog bites. 

www.cassisilaw.com/2008/01/articles/podcasts-1/podcast-dog-bites-and-undocumented-workers-rights/

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You may have heard the saying before – “What you don’t know may hurt you” and that is true when it comes to accidents and personal injuries. Did you know:

• You have to file a No Fault application within 30 days of an accident with the insurance company for the car you were travelling in to preserve your rights to recover medical bills and lost wages?
• You will not be “automatically” compensated by an insurance company or other carriers  without taking the necessary steps to preserve your rights within the requisite time limits?
• Many times the shock and trauma of an accident will mask your symptoms of injuries?
• If you delay seeking medical attention your injuries may get worse?
• In some cases, injuries from an accident do not show up right away but you may still be compensated for your loss from the accident if you take the necessary steps to preserve your legal rights?
• If it looks too good to be true it probably is? Many employers, property owners and drivers will not want you to report an accident and will try to settle with you before you fully assess the extent of your damages and some insurance companies will even tell you "that you don't need a lawyer" . 

You need to know your rights fully in the event of a personal injury and you need to know that what you don’t know immediately may hurt you unless you protect your rights. What’s the best way to protect yourself in an accident? First, seek medical attention – even if you don’t think you need it. You never know what may be happening internally in your body or brain that could cause serious damage in the future. Next, contact us or another attorney to fully protect your rights. Our motto is – Know Your Rights Just in Case.   

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You have everything to gain and nothing to lose by filing a No Fault claim if you are in a motor vehicle accident. Many people in states that have “No Fault” insurance laws are confused by the laws and may think that they do not have the right to recover for medical bills or loss of wages incurred because of injuries sustained in an accident because of injuries sustained in an accident when they are the driver of the car. “No Fault” insurance laws do not mean that victims of motor vehicle accidents do not have rights. 

“No Fault” means that the insurance company covering the car in which the injured party was travelling in is the insurance company that covers the medical bills or loss wages of the injured party – irrespective if they are at fault.  However, protecting your rights to have medical or economic coverage if you are in a motor vehicle accident is very important and requires that you take legal action by filing a No Fault Application WITHIN 30 DAYS OF THE ACCDIENT and a Notice of Intent to make claim against the Supplement Underinsured/Uninsured coverage provisions of the policy covering the host vehicle as well as any policy covering any household vechicles within 90 days of the accident. 

We recommend that you contact an attorney after an accident and have the proper notices and applications served to protect your rights for payment of medical bills and economic recovery in the future. If it turns out that you do not suffer financially, protecting your rights – just in case – is important. It is not the Insurance Company’s responsibility to make you aware of your rights in the event of an accident.   It's your resposibility to know what your rights are and what you have to do to protect them.

If you are injured in a motor vehicle accident, you may be entitled to compensation for your economic losses such as medical expenses and/or lost wages.   Consult with us to find out for sure.

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If you have been injured by a faulty medical device – whether a stent, implanted defibulator or artificial knee – you may be entitled to compensation. On February 20, 2007, the Supreme Court affirmed the Second Circuit decision in Riegel v. Medtronic, Inc., baring patients injured by defective medical devices from suing if the medical device that caused the injury was approved for marketing by the F.D.A. and made to the agency’s specifications. 

However, there may still be a compensatory cause of action and we believe injured patients should pursue their right to compensation. While one party involved in bringing the medical device to market may not bear the burden for damages, another may and patients need to know their rights. Being able to sue for damages caused by the poor manufacture and/or use of a medical device applies pressure on companies to ensure that their products are safe and to quickly remove them from the market should unexpected dangers occur.

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Listen Here

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Accidents are the most common source of personal injury.  The injured victim and family may be entitled to receive financial compensation. Accident victims must know their rights in order to maximize their chances to receive proper compensation for their injury. Unfortunately, injury victims may be taken advantage of by insurance companies and others who represent the negligent party. It is estimated that insurance companies are saving millions of dollars because accident victims don't know their rights. 

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