Meagher & Meagher, P.C.

Who is liable when a dog attacks a child in New York?

2026-06-09T02:17:30Z

When a dog attacks a child, parents face medical bills, emotional fallout and unanswered questions about who is responsible. New York law provides specific answers, but the rules are layered.

Strict liability and medical costs

Under New York Agriculture and Markets Law § 123, a dog owner is strictly liable for all medical costs resulting from an attack. You do not need to prove the owner knew the dog was dangerous. The owner cannot escape responsibility for hospital and treatment expenses by arguing the dog had no prior incidents. This strict liability rule is narrow. It covers medical and veterinary costs only. To recover additional damages, you must clear a higher bar.

The one-bite rule and additional damages

New York generally applies the one-bite rule for pain and suffering, emotional trauma and lost wages. To recover these damages, you must show the owner knew or had reason to know the dog had vicious propensities. Evidence of prior knowledge can include:

Previous bite history: The dog bit or attacked someone before.
Documented aggression: The dog had a pattern of snarling, snapping or fighting other animals.
Fight training: The owner trained the dog to be aggressive.

Courts will weigh all available evidence about the dog's history when evaluating your claim.

Negligence as a separate path

A 2025 New York Court of Appeals decision expanded liability beyond the one-bite rule. Owners can now be held liable under a negligence theory even if their dog was never deemed dangerous. If an owner let a dog roam unleashed or failed to restrain an animal near children, that carelessness may support a claim. Property owners may also face liability if they knew a dangerous dog was on the premises and failed to act.

Filing a claim on your child's behalf

Children cannot file lawsuits on their own in New York. A parent or legal guardian may file a personal injury claim on the child's behalf. New York also applies comparative fault on a case-by-case basis when a minor is involved. A child's age, maturity and understanding of risk are considered before assigning any share of fault.

When to speak with an attorney

Dog bite claims involving children involve overlapping rules on strict liability, negligence and comparative fault. An attorney can help you understand your options and evaluate what damages may be available based on the specific facts of your situation.

What if the other driver lies about the accident?

2026-05-11T20:03:27Z

After a car accident, the other driver may tell police or their insurance company a story that contradicts what actually happened. This situation is frustrating, but the good news is that objective evidence can expose the truth.

Why do drivers change their story?

People lie about accidents for several reasons. They might worry about their insurance rates going up or losing points on their license. Some fear being sued or receiving expensive tickets. In other cases, the stress and adrenaline of a crash can actually distort their memory of what happened.

The evidence that reveals the truth

Fortunately, lies don't hold up when confronted with solid evidence. Some types of proof that can establish what really occurred include:

Police reports provide an official record including the officer's observations, accident diagram, citations and statements both drivers made at the scene.
Physical evidence often tells the most compelling story. Damage patterns, skid marks and debris location all reveal critical details about the collision.
Video footage can be especially powerful. Traffic cameras, business surveillance systems and dashboard cameras may have captured what happened.
Witness testimony from independent third parties carries significant weight in determining fault.
Technology plays an increasing role. Cell phone records, vehicle event data recorders and GPS data can provide objective information about the crash.

Together, these evidence sources create a factual picture that's difficult to dispute.

Understanding New York's fault rules

New York follows a "comparative negligence" rule. Under this rule, you can still recover damages even if you share some blame for the accident, though courts reduce your compensation by your percentage of fault. That's why accurate fault assignment is vital, as it directly affects how much you can recover.

Protect yourself at the scene

After an accident, take photos of everything: vehicle damage, road conditions, traffic signs and the overall scene. Get names and phone numbers from anyone who saw what happened. Give a factual statement to the police, but don't apologize or say the accident was your fault. Seek medical attention even if you feel fine, as this creates important documentation about the physical damage. The truth has a way of emerging when backed by objective evidence. Documentation you gather immediately after an accident can be your strongest defense against dishonest claims.

Sepsis protocols for timely diagnosis: why minutes matter

2026-04-13T19:17:34Z

Sepsis does not always arrive with a dramatic warning. It can start with subtle symptoms — fever, confusion, fast breathing, unusual fatigue — and then accelerate with terrifying speed. One moment a patient seems “just sick,” and hours later their organs may begin to fail. That is why timely sepsis diagnosis matters. Sepsis is a life-threatening response to infection, and every delay in recognizing it gives the condition more time to escalate. When clinicians and caregivers miss the early signs or attribute them to less serious illnesses, precious time slips away. The consequences can be tragic: longer hospital stays, lasting organ damage and in the worst cases, death. This post looks at what makes sepsis so difficult to spot, why quick identification changes outcomes and how a focused, proactive approach can help to better ensure patients get the urgent care they need.

Why is sepsis difficult to spot?

Sepsis can be difficult to spot because its early signs often look like common, less serious illnesses and can vary widely from person to person. As noted above, patients may first show nonspecific symptoms such as fever or low temperature, fast heart rate, rapid breathing, confusion, extreme fatigue, or general weakness. These are signals that clinicians also see with flu, dehydration, medication effects or worsening of a chronic condition. Sepsis also evolves quickly, so a patient can seem stable and then deteriorate within hours, especially older adults, infants, pregnant people and those with weakened immune systems, who may not mount a typical fever response. In addition, no single test confirms sepsis immediately; clinicians must interpret vital signs, lab trends and the likely source of infection together, which can delay recognition when findings are subtle or conflicting.

Why does quick identification of sepsis change outcomes?

Quick identification of sepsis can improve outcomes by enabling clinicians to act before organ dysfunction progresses. When care teams recognize sepsis early they can start time-sensitive steps like obtaining cultures, giving appropriate antibiotics, delivering intravenous fluids and supporting blood pressure. These actions can reduce the duration and severity of shock, limit kidney and lung injury, and shorten ICU and hospital length of stay. Rapid identification also helps teams escalate care sooner, trigger sepsis protocols and coordinate reassessment after initial treatment, which improves the likelihood of stabilizing patients and lowers the risk of death and readmission.

What should I do if a loved one suffered serious injury because providers did not diagnose sepsis?

If a loved one was injured because care providers failed to identify sepsis, act quickly and stay organized. The following can help:

Gather information. Ask the treating team to explain the timeline of symptoms, vital signs, lab results and treatment decisions. Obtain copies of all medical records, including emergency department notes, nursing notes, lab and imaging reports, medication administration records and discharge instructions. Keep a written log of events, names and dates.
Prepare for future care. Request a clear plan for ongoing care and monitoring.
Consider a second opinion. This can help confirm the diagnosis, assess complications and guide rehabilitation or follow-up.
Prepare for further action. If serious injuries result from improper care, consider consulting a medical malpractice attorney experienced in sepsis cases to review records and advise on deadlines and next steps.

Sepsis remains a leading cause of preventable inpatient death. Timely diagnosis can mean the difference between recovery and serious injury. Sepsis is a medical emergency that often hides behind ordinary symptoms, and that is exactly what makes strong sepsis protocols so important. When hospitals and care teams use clear screening criteria, reassess patients frequently and act quickly when warning signs appear, they can start life-saving treatment before organ damage takes hold. For patients and families, knowing that sepsis can escalate fast — and speaking up when something feels “off” — can also help close the gap between the first subtle signs and urgent care. If a delay in diagnosis leads to serious harm, it is equally important to get answers, secure complete records and seek appropriate follow-up and guidance.

How to differentiate medical malpractice and misconduct

2026-03-19T13:50:51Z

A bad medical outcome does not always mean a malpractice case. Some situations involve careless treatment. However, some cases involve fraud or abuse. While both medical malpractice and misconduct are forms of negligence, it is important to know how to differentiate them.

Major differences between medical malpractice and misconduct

Medical malpractice refers to cases when health care providers fail to provide their patients with proper and sufficient care, potentially causing them harm or even death. In other words, it is professional negligence – a departure from the acceptable standard of care that causes injury. In New York, people typically have a deadline of two years and six months to file medical malpractice lawsuits. Major examples include:

Forgetting a patient’s allergies or medical history
Performing the wrong procedure, or doing surgery on the wrong body part or patient
Failing to diagnose serious conditions when a competent health care provider can do so in the same situation
Prescribing the wrong medicine or dosages that are either unsafe or ineffective

Medical misconduct involves health care providers breaching their professional standards. This refers to intentional wrongdoings and unethical behavior that medical practitioners may engage in to take advantage of their patients. With this in mind, some common examples of medical misconduct include:

Willfully committing health care fraud
Deliberate lack of informed consent by refusing to mention risks, side effects and alternative procedures
Sexually abusing or exploiting people under their care
Prescribing increased doses of medicine for personal gain, even if it comes at a patient’s expense
Performing the wrong or unnecessary procedures for profit

Despite their differences, the two concepts share many similarities. For example, both malpractice and misconduct refer to health care providers failing in their duty of care to their patients. Though both are forms of negligence, what ultimately differentiates the two is the intent.

What should someone do if they suspect medical malpractice or misconduct in New York?

If a person suffers an injury or worsening symptoms as a result of their treatment, they may request their health care provider for their complete medical records. Afterwards, they can track their symptoms and gather proof of damages such as lost wages and medical bills. Similarly, if one suspects medical misconduct, such as unnecessary procedures or sexual abuse, they may file a complaint with the New York State Office of Professional Medical Conduct. Many people find it difficult to make sense of the complex laws concerning medical malpractice and misconduct, prompting them to hire attorneys for assistance. With the guidance of legal professionals, people can determine whether or not they are victims of the negligence of their health care providers.

How nursing errors may occur during routine hospital care

2026-01-23T14:21:06Z

You receive care during a hospital stay in New York. Nurses give medicine, check vital signs and help with daily needs. A problem may arise during that care. When this happens, you may ask if nursing actions or work conditions played a part and if the situation points to possible medical malpractice. Reviewing what took place during routine care can help you see if the outcome goes beyond normal care risks.

Routine care conditions increasing the risk of nursing mistakes

Routine hospital care often moves at a sustained pace and requires constant task switching. During your stay, a nurse may manage several patients with different needs at the same time. Each responsibility requires focus and timing. Pressure can build during busy periods. That strain can affect execution even when staff follow expected procedures. Common conditions that can increase risk include:

Managing multiple patients with competing care priorities
Handling repeated interruptions during medication or monitoring tasks
Working extended hours with limited recovery time
Coordinating medication schedules with narrow timing windows

Each condition increases mental strain. Combined demands can influence attention, sequencing and follow-through. Routine care can create stress points that remain unnoticed until a problem develops.

System and communication gaps influencing bedside decision-making

Your care also depends on clear systems and steady communication. Nurses rely on charts, alerts and team updates to guide bedside decisions. Gaps in these systems can affect how care unfolds. A delayed note or unclear entry can influence response timing. Shift changes also require accurate handoffs. When details lose clarity during transitions, subtle changes in your condition may receive less timely attention.

What to consider after an unexpected hospital outcome

An unexpected complication can raise concerns about possible medical malpractice. In New York, malpractice claims often follow a statute of limitations of two years and six months from the date of care, although some situations may affect that timeframe. Because timing can matter, preserving records early may help. Useful materials often include medical charts, medication records, discharge documents and personal notes about changes you observed during care. These records can help clarify whether the situation reflects routine treatment risks or warrants further review.

How can you prove a personal injury claim in New York?

2026-02-13T19:52:47Z

Victims of such incidents are only eligible to receive financial compensation if they can prove it. If you wish to make a personal injury claim, you will need to learn what proof to look for.

What sort of evidence do you need?

To establish a solid personal injury claim in New York, you will need to gather proof. This typically includes:

Details: It is important to recall as much information about the incident as possible, including the location, time, cause and sequence of events.
Medical records: Be sure to gather medical reports, records and documents that prove the severity of your injuries.
Photographs and videos: If you have any photographs of the aftermath of the incident or video evidence from a dashcam, be sure to present them to the authorities.
Eyewitness reports: Talk to people who were present at the scene of the incident and ask them to provide testimonies about what they saw.
Police accounts: Judges often consider third-party reports from authorities like the police, which can serve as supporting evidence when determining the outcome of a case in court.

Keep in mind that you only have three years from the date of the incident to file a personal injury claim in New York. This encourages the timely gathering and delivery of evidence, especially because memories and proof fade, and potential witnesses might move out of the area.

What makes evidence so significant?

Proof plays an important role when it comes to filing personal injury claims because it would be almost impossible to win without it. Evidence allows courts to have a better understanding of the incident resulting in your injury, leading to more accurate judgments. You will also need proof to give your claim credibility. If you require financial compensation for injuries, make sure to gather as much evidence as possible.

Why job site injuries get complicated with multiple contractors

2026-01-23T06:50:55Z

You may enter a New York construction site where several crews work at the same time, each handling a different task. While you focus on your assignment, an injury can still occur. You may not work for every company present, yet the conditions tied to the harm can involve more than one party. This overlap can make it harder to identify which non-employer may hold responsibility under New York law.

Overlapping contractor roles creating unclear safety authority

On large projects, roles may overlap as different companies share space and tasks. One contractor may coordinate schedules while another controls equipment and a property owner may retain authority over parts of the site. These layered roles can weaken clear safety control, especially when one company sets rules, another manages the area and a separate crew creates the hazard. Safety authority can also shift during the workday as materials move, access paths change and work zones expand or close. Because of these changes, no single employer may control the area at the exact time of injury. This shifting control can complicate responsibility after an incident.

Multiple project participants shaping injury responsibility outcomes

When several non-employers affect site conditions, responsibility often depends on specific actions rather than job titles. Reviews often focus on conduct tied to the risk. Factors often examined include:

Creating unsafe conditions during active work
Directing tasks within the affected area
Leaving shared spaces unsecured
Failing to address known site dangers

Each factor may point to a different party. In some situations, New York law may place duties on owners or contractors even without showing fault. These rules may apply to certain site hazards, including elevation risks. This structure can help explain why responsibility may extend beyond your direct employer.

Why responsibility may extend beyond your employer

Overlapping contractors can turn a single injury into a shared responsibility issue. The key takeaway is that responsibility may depend less on who employed you and more on who influenced the conditions that led to harm. Focusing on that distinction can clarify why some construction injuries raise questions beyond workers’ compensation. Understanding this framework can provide a clearer starting point as you consider what options may exist after a job site injury in New York.

How New York courts view failure to treat medical complications

2026-01-22T08:13:27Z

Medical care does not always go as expected. When problems like internal bleeding or infections appear, you often rely on doctors to respond promptly and adjust your treatment. In New York, courts may look closely at what happened after a complication began to decide whether a delay or lack of care raises legal concerns. Learning how these cases usually unfold can help you understand where questions about care sometimes arise.

Recognizing when complications raise concerns

Complications alone do not usually suggest a medical error. Medicine involves risk and not every poor outcome points to a legal issue. Even so, New York courts often focus on how a doctor responded once warning signs appeared. For instance, falling blood pressure, unusual lab results or clear signs of infection may prompt closer review if they did not receive timely attention. The central question often involves whether a reasonably careful doctor might have recognized the problem and taken steps to address it. If signs of infection appeared but treatment did not follow for some time, that delay could become part of a medical malpractice claim. Still, each situation tends to depend on its specific facts, including which symptoms appeared and how quickly they progressed.

Identifying complications that appear more often

Certain complications show up more frequently in malpractice claims because they can worsen quickly without treatment. As a result, courts and reviewers often examine these situations carefully. Some examples include:

Uncontrolled bleeding after surgery, especially when vital signs suggest distress
Infections such as sepsis that present warning signs like fever or confusion
Blood clots that lead to sudden pain or trouble breathing

In reviewing these cases, decision makers usually examine medical records to see when symptoms first appeared and how the care team responded. They may also consider whether earlier action might have reduced the harm.

Understanding filing deadlines in New York

Timing plays an important role in New York medical malpractice claims. You often have a limited period to file a lawsuit, which usually runs two years and six months. That time frame usually starts on the date of the alleged mistake or at the end of continuous treatment for the same condition. Unlike rules in some other states, the deadline often does not pause until you discover the injury. Because these time limits tend to apply strictly, keeping clear records of treatments and dates may matter when evaluating a potential claim.

Weighing factors courts often review

When courts examine an alleged failure to treat complications, they usually weigh several factors together. These considerations help determine whether care may have fallen below expected standards. Courts often look at:

Which symptoms or test results appeared and when
How quickly the doctor responded after the problem became apparent
Whether earlier treatment might have limited the injury

No single detail usually decides the outcome. Instead, courts often view the situation as a whole and rely on medical experts to explain what reasonable care might have looked like at the time.

Taking a closer look at missed complications

If you believe a medical complication went untreated, New York law provides a framework for reviewing what occurred. Courts often try to balance the uncertainty of medical care with the need for timely action. When you understand how complications and filing deadlines factor into these medical malpractice claims, it becomes easier to see how New York courts often approach these difficult situations.

Can we hold AI responsible for wrongful death and personal injury?

2025-12-23T14:04:23Z

Over the past year, the use of artificial intelligence (AI) has skyrocketed. Gone are the days of simply relying on AI algorithms like Netflix recommending our next show or social media platforms serving up advertisements that seem perfect for our needs. Now AI can serve as a tool to help plan an epic vacation, develop an interesting lesson to engage highschoolers, and even help craft a suicide plan, including how to best tie a noose. This last one has caught the attention of the nation. Teenagers have poured out their frustrations and worries to generative AI chatbots, much as previous generations would have taken to a diary. The difference: AI is talking back. In some cases, AI is encouraging these struggling children to go too far and harm themselves and to not seek help from their parents, trained mental health therapists or anyone else. Parents are stepping up and attempting to hold the companies and creators accountable for failing to have adequate safeguards to protect the vulnerable who use these tools or for designing these chatbots so as to drive people into believing the chatbots are a real person and a friend who should be trusted as to the guidance they give.

How are parents building these lawsuits?

Two recent cases provide guidance. In California, the parents of a teenager who died by suicide have filed a lawsuit against ChatGPT and its CEO. They allege that the AI chatbot, which their son used for companionship, failed to intervene or initiate emergency protocols despite recognizing the teenager's suicidal ideation. The parents argue that the chatbot's inaction and failure to recognize the seriousness of the situation absolutely contributed to, if not caused, their son's death, and they seek damages and injunctive relief to prevent similar incidents. In Florida, a parent has filed a wrongful death lawsuit against Character.AI. The mother of a teenage boy claims that the chatbot initiated inappropriate sexual interactions and persuaded her son to take his own life. These cases highlight the potential for AI systems to cause harm, raising questions about the responsibilities of AI developers and operators.

What will happen in these cases?

The cases are currently moving forward, so we do not yet know the outcomes. However, they raise important legal questions about design and accountability. Points to consider include:

Duty of care: AI developers may be held to a standard of care similar to that of human professionals, especially when their systems are used in sensitive contexts. Although they say in their buried terms of service that they are not providing medical care, by their very actions, they are.
Failure to act: If an AI system recognizes a user's distress but fails to act appropriately, the courts may deem the lack of action as negligent.
Product liability: AI systems could be subject to product liability claims if they are found to be defective or inherently dangerous. This could be founded upon allegations of negligent design or strict liability.

In New York, there is yet to be legislation providing a specific cause of action for individual users who are harmed by these large language models and their chatbots. If a loved one has suffered harm from the use of one of these chatbots, they may be entitled to recourse under existing New York tort law. Meagher & Meagher, PC has, for decades, advocated for families who have been the tragic victims of the epidemics of adolescent suicide and mental health crises. As AI and its creators exacerbate this epidemic, and in many ways automate it, our attorneys have the experience and expertise to hold accountable those who should be. As AI continues to evolve, so too will the legal landscape surrounding its use. The cases against ChatGPT and Character.AI illustrate the possibility that those injured due to AI can take action to hold responsible parties accountable.

Racial bias in the medical industry: Am I at risk?

2025-10-16T17:57:35Z

When we go to the hospital to seek medical care, it is because we trust the doctors and nurses to take care of us regardless of our financial status or race. However, history has shown that racial and ethnic minorities often receive inferior treatment from the health care industry. If you are a patient of color, it is important to learn how you can spot these subtle forms of biases and protect yourself from being subject to prejudicial medical treatments.

What is racial bias in health care?

Racial bias happens when a person’s individual views toward a specific group of people affect how they treat them and act around them. One common example of this in health care is how white patients are particularly more prioritized over people of color patients. According to a poll from an Associated Press News article, “nearly 30% of Black respondents prepare to be insulted when they go into a medical appointment.” Not only that, but patients of color also mentioned how receiving unfair treatments have made them switch health care providers or be less likely to seek health care. Another example of racial bias happens when the patients are non-English speakers. Oftentimes, they cannot communicate well with the health care workers, which may impact on their standard of care or result in a medical error that could have been prevented if they were not discriminated upon.

Your right to medical care without prejudice

Although racial bias is a common occurrence in health care, you must not let it prevent you from seeking the medical care that you need. By understanding your rights, you can protect yourself from being treated unfairly and receive proper attention for your health condition.