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DOG BITES

- $225,000 -
Man attacked by tenant’s dog successfully sues building owner
After entering an apartment in a residential building, a man was viciously attacked by the tenant’s pit bull, sustaining injuries to his non-dominant thumb, arms and legs. In order to prevail, it had to be proven that the landlord had prior notice of the dog’s presence and vicious propensities and did not timely remove the dog. After extensive investigation, it was determined that the building owner had prior notice of the dog’s vicious propensities, as it had learned one week earlier that this same dog had recently attacked another tenant. In defending the case, the building owner’s team of attorneys claimed that the man (who had been at the apartment previously) knowingly entered the apartment of the tenant (a known drug dealer and abuser) to buy or use drugs and was playing with the dog when the attack occurred. The defense attorneys further alleged that the owner did not have ample time or the means and opportunity to have the dog removed before the man was attacked, but that it promptly reported the matter to Animal Control/Bite Unit immediately after learning of the first attack. Finally, the building owner alleged that even if it bore any legal liability, the large majority of blame lay with the tenant and the man who was attacked, thereby significantly decreasing any possible financial recovery. In response, Mr. Kauffman’s retained premises security expert argued that the premises’ lease specifically prohibited dogs, permitted right of entry into the apartment and that the owner should have posted signs warning others about the dog. After Kauffman successfully defeated the building owner’s motion to dismiss the case, the case was scheduled for trial. After fully preparing for trial, this matter was successfully resolved for $225,000.

- $160,000 Total Recovery -
Dog bite results in hand injury
46 year old man who was a tenant was bit on the right hand by the landlord’s pug. As a result of the injury, this man sustained an infection, requiring drainage and removal of the infected tissue. The insurance company argued that the dog did not have any known vicious propensities and thus, they could not be held legally responsible for any injuries. After depositions, this matter was resolved for $155,000. In order to increase his settlement at no cost to himself (while still retaining the tax-free nature of the settlement), this client placed a portion of his settlement monies into a guaranteed tax-free annuity which paid out over time. The interest paid on this annuity was also tax-free, which allowed the client to directly recover an additional guaranteed and tax-free $5,000.


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