Carl Groth, Pizza Delivery Man and Store Manager For Salvatore’s Old Fashioned Pizzeria in Avon, Injured In Rush Dog Bite Attack
MONROE COUNTY, NEW YORK (October 20, 2021) – The store manager for Salvatore’s Old Fashioned Pizzeria in Avon identified as Carl Groth was injured after being attacked by three dogs while delivering pizza to a customer’s home.
Monroe County police officials are saying that the attack took place over the weekend sometime on Saturday, October 16th. Carl Groth was delivering pizzas for the restaurant to make up for staff shortages.
He arrived at the customer’s home along East River Road in Rush. After arriving at the home he left the pizzas by the door. A woman inside of the home opened the front door and then three huge dogs began to viciously attack him.
Carl Groth was able to escape and call 911. He was taken to the Strong Memorial Hospital with multiple dog bite injuries to his arms and legs. the Town of Rush animal control is conducting an investigation that could include fines and a dangerous dog hearing.
Monroe County police officials are saying that the owner of the dogs still hasn’t returned their phone calls.
Liability In New York Dog Bite Attacks
Dog bites are one of the most common types of injuries that people suffer. According to the Centers For Disease Control (CDC), “approximately 4.5 million dog bites occur in the United States each year, and 800,000 of those bites result in medical care. The U.S. population was approximately 328.2 million people in 2019.” Most dog bite injuries are minor and do not require emergency care. But around 19% of dog attacks are serious and can cause numerous injuries including:
- Broken bones
- Septic shock
Depending on the specific facts of any case, the owner of a dog could be liable for a dog attack. New York state law requires that the owner of the dog had knowledge of the dog’s vicious tendencies. According to New York Agriculture & Markets Code section 123, the owner of a “dangerous dog” is “strictly liable” in the event that their dog injures someone. This is true even if the owner of the dog took reasonable precautions to restrain their dog before the attack. Under the statute, a dog will be considered “dangerous” if the dog, without justification, caused serious injury to a person, companion animal or farm animal.
An owner’s knowledge of a dog’s viciousness does not necessarily depend on their dog’s attack of another person or animal. For example, if the owner posted a “beware of dog” sign outside their property or witnessed the dog baring its teeth at someone this could demonstrate their knowledge of the dog’s viciousness. See, e.g., Petrone v. Fernandez, 12 N.Y.3d 546, 53 A.D.3d 221, 862 N.Y.S.2d 522  [4-2 decision] Accordingly, a dog’s dangerous nature may be apparent although it has not yet bitten someone or another animal. See, e.g., Dykeman v. Heht, 52 A.D.3d 767, 861 N.Y.S.2d 732 [2nd Dept. 2008]. There are a number of steps that should be taken after being bitten by a dog.
- Victims should seek medical care.
- Victims should get insurance information from the owner of the dog.
- Victims should let authorities know about the attack.
- Victims should seek the guidance of an experienced dog bite injury attorney.
Any person that is injured in a dog attack may be able to seek aid through a bodily injury claim. Damages can help cover unreimbursed medical expenses, lost earnings and other damages resulting from the attack. Sadly, however, home owners will often fight hard to deny liability for any attack involving their animals. A New York dog bite injury attorney can investigate all of the facts of your case free of cost and let you know what your legal options are.
Investigating A Rush Dog Bite Attack
We at Gersowitz Libo & Korek, P.C. extend our best wishes to Carl Groth as he continues to recover. There needs to be a thorough investigation into what happened. It is our sincere hope that animal control and law enforcement will take steps to protect the public from similar attacks in Rush.
This incident also raises a number of safety concerns. Were the dogs involved in this attack categorized as “dangerous dogs?” Have they injured people in the past? What measures will be taken to protect the public? The vast majority of dog attacks can be prevented when dogs are properly restrained at the owner’s home.