A client retains you after they were attacked by a dog. You seem to recall from your law school days that dog bite cases impose strict liability on the dog owner. With that in mind, you assume that this new case should be a “good one” and you will be able to secure a settlement or successful verdict for your client. Unfortunately, it’s not that simple – at least not here in New York.
New York law requires that the injured person must prove two essential things: that the dog has vicious propensities, and that the owner knew or should have known that the dog had vicious propensities. This program, taught by Bruce Cheriff and Kenneth Fink, Partners at Cheriff & Fink, P.C. will explore what factors you need to identify in order to meet the “vicious propensities” requirement, defeat a summary judgment motion, and get your case before a jury.
Bruce J. Cheriff is the managing attorney of Cheriff & Fink, P.C. and is a trial attorney specializing in Plaintiff’s negligence, personal injury, dog bites, assaults, and municipal liability cases as well as a commercial litigator in the State and Federal Courts of New York. Mr. Cheriff was recently featured in the NY Area’s Top Rated Lawyers 2012 edition published by New York Magazine and the New York Law Journal. He has held an AV rating by Martindale and Hubbell since 2003.
Bruce is a longtime member of the New York State Trial Lawyers Association and the Westchester County Bar Association.
Mr. Cheriff was an editor of his Law Review and his article was selected and published by the Law Review: Western New England Law Review (Vol. 7, Issue 2, 1984): "Recent Decision: In re Jadd", 391 Mass. 227, 461 N.E.2d 760 (1984).
Bruce is member of the New York State Bar (1987) and both United States District Court for Southern District of New York and United States District Court for Eastern District of New York (1987).
Mr. Cheriff has appeared on MSNBC where he discussed settling cases with insurance carriers on line. He is also a Fee Dispute Arbitrator for the Unified Court System's Ninth Judicial District.
Mr. Cheriff received his J. D at Western New England University School of Law (J.D. 1986) and his B.A. at the University of Rochester (1983).
Bruce lives in Westchester with his wife and his dog LaBooh. His children have all graduated college and are now in the working world: One is a Spanish teacher, one is a Music Teacher for children with special needs, and one is a freelance sound engineer and musician.
When Bruce is not writing briefs, doing legal research, or trying cases, he follows his son’s Band, Modern Diet. Bruce also plays “old man” softball in the spring and summer.
Kenneth S. Fink is a partner in the law firm of Cheriff & Fink, P.C. Mr. Fink is a trial attorney specializing in in plaintiff’s negligence, personal injury, and wrongful death in both State and Federal Court. He is admitted to the New York (1992) and New Jersey (1991) Bars, and is admitted to practice in the Federal District for the State of New Jersey, as well and the South and Eastern District Federal Courts of New York.
Ken is a longtime member of the New York State Trial Lawyers Association, and the Nassau County Bar Association. He is also an active member of the Brandeis University Lawyers and Accountants Network of Long Island. Ken was awarded and has held an AV rating by Martindale-Hubbell since 2002. Ken was featured in the New York Area’s Best Lawyers – 2012 Edition, published by New York Magazine and the New York Law Journal.
Prior to practicing law, Ken worked in the press office of Governor Mario M. Cuomo, and for the New York State Office of Economic Development.
Mr. Fink has served and continues to serve on several boards of trustees, including Temple Hillel Southside Jewish Center, Temple Hillel Men’s Club, The Brandeis School, The Joseph & Esther Mandel Foundation. Ken coached intramural, intertown and travel soccer for the Hewlett Lawrence Soccer Club for more than a decade. Ken and his wife were so-honorees at 2010 Brandeis School Annual Dinner Dance; Co-honoree at 2005 Temple Hillel Annual Dinner on behalf of UJA-Federation of New York and chaired the Connections/UJA Federation of New York/Long Island, 2006 South Shore Project Mitzvah: Families In Community Service on the South Shore.
Ken is a cum laude graduate of Brandeis University, and a graduate for The Benjamin N. Cardozo School of Law – Yeshiva University, where he was a member of the Moot Court Board.
Excellent, well laid out explanation. Great case cites for most of the information to help get the ball rolling. BUT I am interested to know the source for standard negligence being a cause of action when the claim is only for medical bills or property damage.
Great course for a dog owner. Loved it Thanks
Excellent - I have tried Dog Bite cases and have handled dozens and still learned a ton.
Excellent speakers and useful information
Both presenters were great.
very informative- case law and cites a great help
Very personable instructors, and the topic is interesting, and easy to relate to, given how many people have dogs as "neighbors"!
The attorneys delivered a very thorough and informative discussion.
Very interesting, informative and enjoyable.
concise and practical