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For nearly 200 years, the law of New York has been that the owner of a domestic animal who either knows or should have known of that animal's vicious propensities will be held responsible for any harm the animal causes as a result of those propensities. See e.g. Vrooman v Lawyer, 13 Johns 339 ; Hosmer v Carney, 228 NY 73, 75 ; see also,
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As trial lawyers, we know that proving liability is often more than half the battle. Without liability, damages become moot. So, it is welcome when we are presented with a strong liability case. One of the soundest is the “pedestrian knock-down” in a crosswalk. The defendant driver must yield the right of way to the pedestrian in the
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A common accident scenario involves a car pulling out of a parking spot and striking another car while it is driving past. If you represent the driver of the struck car you may be entitled to a finding of liability as a matter of law. Of course, any time you can secure a liability finding in advance of trial through a motion for summary
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We often come across cases in which the client was "in the wrong place at the wrong time". Perhaps the most glaring example of poor timing is being present in a location when the police issue a search warrant looking for contraband. Assuming the warrant was not fraudulently obtained, the court has sanctioned the search. If the police find
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