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The following is a case summary as reported in The New York Jury Verdict Reporter, the leading reporter of verdicts and settlements of cases in New York State.
$165,000.00 Dog Bite Case
A six-year old girl was bitten on the face by a large dog resulting in facial scarring. The girl's mother retained the firm to seek compensation for the injury and to pay for future plastic revisional surgery. The incident occurred when the defendant, the dog's owner, allowed her young daughter, aged seven, to take their large huskie-mix dog out by herself. The defendant's daughter took the dog to an area where a group of young children, including our client, were playing. The dog began growling, quickly overpowering the girl, and suddenly bit our young client. While "prior viscous propensities", New York's so-called "one-bite rule", could not be proved, Robert Trop was successful in proving negligence on the part of the dog owner for allowing her daughter to take the dog, who clearly was capable of overpowering her, into a crowd of children. The settlement was initially $82,500.00, but with the structured annuity the total settlement package was increased to $165,000.00.
When a structured annuity is used, settlements are increased, since the money is not received up front, but rather over a period of time. The interest accrued is tax free. Structured annuities are appropriate when the plaintiff is an infant (under New York State Law, anyone under the age of 18). The child is not permitted access to the money until 18 years of age.
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Verdicts & Settlements is published as a service for our clients, friends, and professional associates.
The information in this newsletter is meant to be general in nature, and is not to be viewed as a substitute for legal consultation in that laws change from time to time and may be affected by specific circumstances.
We welcome questions or comments regarding any information contained in this newsletter, which can be directed to either:
Robert E. Trop, Esq.
Stuart P. Besen, Esq.
Email: besentrop@verizon.net
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