New York Dog Bite Lawyer

Being attacked by a dog can be a terrifying and life-altering experience. The physical injuries can be severe, leading to lasting pain, disfigurement, and expensive medical treatments. Beyond the physical toll, the emotional and psychological impact can be profound, leaving victims with lasting fear, anxiety, or even Post-Traumatic Stress Disorder (PTSD).

If you or a loved one has suffered a dog bite or animal attack in New York, you are not alone, and you have legal rights. Navigating the aftermath of an attack and understanding your options for seeking compensation can be overwhelming. New York's dog bite laws are unique and often misunderstood, combining elements of strict liability and the need to prove an owner's knowledge of their dog's dangerous nature. Contacting an experienced New York dog bite lawyer as soon as possible can help ensure your rights are protected and you receive the compensation you deserve.

What Are the Dog Bite Laws in New York?

As of April 17, 2025, the New York Court of Appeals significantly changed the legal framework for dog bite liability. In Flanders v. Goodfellow, 2025 NY Slip Op 02261 (N.Y. Ct. App. Apr. 17, 2025) the Court overturned decades of precedent and held that victims of dog bites may now pursue negligence claims—even when there is no evidence the dog previously exhibited aggressive behavior. This marks a departure from the strict limitations imposed by earlier rulings such as Bard v. Jahnke, 6 N.Y.3d 592 (2006), which had barred negligence claims involving domestic animals.

Under the new rule, dog bite victims in New York may bring claims based on either strict liability or negligence, depending on the facts of the case.

1. Strict Liability for Medical and Veterinary Costs

Strict liability still applies under New York Agriculture & Markets Law § 123 when a dog is legally classified as dangerous. In such cases, the owner or person harboring the dog is responsible for the victim’s medical and veterinary expenses, even if they had no prior knowledge of the dog’s behavior and were not negligent. This ensures that basic medical costs are recoverable regardless of fault.

2. Proving Vicious Propensities for Full Strict Liability

If a victim seeks damages beyond medical expenses, such as for pain and suffering, lost wages, or emotional distress, under the strict liability theory, they must still prove that the dog had vicious propensities, and that the owner knew or should have known about them.

Evidence of vicious propensities may include:

• Prior bites or attacks
• Aggressive growling, snapping, or lunging
• Straining aggressively at a leash
• Use of muzzles, heavy chains, or “Beware of Dog” signs
• Witness accounts of threatening behavior
• Veterinary or training records noting aggression
• Owner admissions about the dog’s temperament

The New York Court of Appeals reaffirmed in cases like Collier v. Zambito, 1 N.Y.3d 444 (2004), that even non-biting behavior, such as snarling or slamming into windows, may raise a question of fact about viciousness—particularly when the behavior is repeated and visible to the owner.

In Flanders, a postal carrier was bitten by a dog that had a history of violently barking and lunging at glass when mail was delivered. The Court ruled that the dog’s behavior could support a finding that the owners had constructive knowledge of its dangerous tendencies, thereby allowing the strict liability claim to proceed.

3. Negligence Liability for Dog Bite Injuries

Flanders v. Goodfellow introduced a second path to liability: negligence. Under this approach, a victim may recover if they prove that the dog’s owner failed to use reasonable care in managing or controlling their dog, and that this failure caused the injury, even if the dog had no known history of aggression.

This ruling aligns New York with the majority of other states that follow Restatement (Second) of Torts § 518, which allows negligence-based claims for harm caused by domestic animals. The Court reasoned that the old rule discouraged owners from being proactive and failed to protect the public from foreseeable harm. Now, if an owner fails to leash, restrain, warn, or otherwise act responsibly given the circumstances, they can be held liable under ordinary tort principles.

A victim may now bring both types of claims, strict liability and negligence, as alternative legal theories in the same case.

4. What Is a “Dangerous Dog” Under New York Law?

Agriculture & Markets Law § 123 still defines a “dangerous dog” as one that:

• Attacks a person or animal without justification, causing injury or death, or
• Behaves in a way that a reasonable person would consider an unjustified and serious threat of physical harm.

Justification matters. A dog defending its owner from an intruder may not be classified as dangerous, although courts often apply extra scrutiny when a child is the victim.

A dangerous dog designation usually follows a formal hearing initiated by a complaint to animal control or the court. Once declared dangerous, any future attack by the dog may result in automatic strict liability for medical and veterinary costs.

What are Common Injuries from Dog Bites?

Dog attacks can result in a wide range of injuries, varying in severity but often having long-lasting physical and psychological consequences. Some common injuries include:

• Puncture Wounds and Lacerations: Dog teeth can cause deep puncture wounds that are prone to infection, or significant tears to the skin requiring stitches or surgery.
• Infections: Dog mouths carry bacteria, and bites can easily become infected, sometimes leading to serious conditions like cellulitis, sepsis, or even rabies or tetanus if the dog's vaccination status is unknown.
• Scarring and Disfigurement: Many dog bites, especially to the face, hands, or limbs, result in permanent scarring that can require costly plastic or reconstructive surgery. Disfigurement can lead to significant emotional distress and self-esteem issues.
• Nerve Damage: Bites can sever or damage nerves, leading to numbness, loss of sensation, or chronic pain in the affected area.
• Muscle and Tissue Damage: Severe bites can damage underlying muscle, tendons, and ligaments, resulting in long-term weakness, reduced mobility, or requiring extensive physical therapy.
• Broken Bones: In some cases, particularly with larger dogs or forceful attacks, victims can suffer fractured bones.
• Emotional and Psychological Trauma: The fear, pain, and unexpected nature of a dog attack can lead to significant emotional distress, including anxiety, depression, nightmares, fear of dogs (cynophobia), and PTSD. This trauma may require counseling or therapy.
• Wrongful Death: Tragically, in rare but devastating cases, dog attacks can result in fatal injuries.

These injuries often require extensive medical treatment, including emergency room visits, surgery, hospitalization, antibiotics, physical therapy, mental health counseling, and potentially future procedures like scar revision surgery. The cost of this care can be substantial. To help ensure you receive full compensation for these and other losses, it’s important to contact an experienced New York dog bite lawyer as soon as possible.

What Should I Do Immediately After a Dog Bite?

If you or someone you know has been bitten by a dog in New York, taking prompt action is important, both for your health and for protecting any potential legal claim.

1. Seek Immediate Medical Attention: Your health is the top priority. Even if the bite seems minor, dog bites can lead to serious infections. See a doctor or go to the nearest emergency room or urgent care center right away. Ensure all your injuries are documented by medical professionals. Follow all medical advice and attend follow-up appointments. Keeping records of all medical treatment is vital.
2. Identify the Dog and Owner: If possible and safe to do so, try to identify the dog and its owner. Get the owner's name, address, phone number, and insurance information (often homeowner's or renter's insurance). Ask about the dog's vaccination history, particularly for rabies. Do NOT put yourself in further danger if the dog is still loose or aggressive.
3. Report the Incident: Contact your local animal control agency or police department immediately to report the dog bite. This creates an official record of the incident, which can be crucial evidence. The authorities can investigate the attack, verify ownership, and check the dog's vaccination status and history.
4. Gather Evidence: Document everything related to the attack:
   • Photos: Take clear photos of your injuries from different angles, the dog (if possible and safe), the location where the attack occurred, and any relevant conditions (e.g., broken fence, gate left open). Continue taking photos as your injuries heal (or don't heal).
   • Witnesses: Identify any witnesses to the attack and get their names and contact information. Their testimony can be invaluable.
   • Notes: Write down everything you remember about the attack as soon as possible – the date, time, location, description of the dog, what happened, who was present, and any statements made by the owner.
   • Clothing: Do not wash or repair any clothing or other items damaged during the attack. These can be evidence. Preserve them carefully.
5. Limit Communication: Be cautious about discussing the incident with the dog owner or their insurance company before speaking with a lawyer. Do not give a recorded statement or sign any documents. Insurance adjusters work for the insurance company, not for you, and may try to minimize your claim.
6. Consult a experienced New York Dog Bite Lawyer: The laws regarding dog bites are complex, and there are strict deadlines. A lawyer can advise you on your rights, investigate the incident, gather evidence, identify liable parties, and handle all communication with the owner and insurance companies.

What Is the Statute of Limitations for a Dog Bite Case in New York?

In New York, there are strict time limits for filing a personal injury lawsuit, known as the Statute of Limitations. For most dog bite injury claims, you generally have three years from the date of the attack to file a lawsuit. If you fail to file within this timeframe, you will likely lose your right to seek compensation entirely.

• Minors: If the victim is a minor (under 18 years old), the statute of limitations is typically "tolled" (paused) until they reach the age of 18. This means they generally have three years from their 18th birthday to file a claim. However, investigating the case and collecting evidence is much easier soon after the incident, so it is always advisable to consult with a lawyer as soon as possible, regardless of the victim's age.
• Claims Against Municipalities: If the dog owner or the party responsible for the dog was a municipality (like a city, town, or county) or a governmental agency, the time limits are significantly shorter. You typically must file a formal "Notice of Claim" within 90 days of the incident and then file a lawsuit within one year and 90 days. Missing the 90-day notice deadline is often fatal to the claim.

Given these critical deadlines and their potential complexities, contacting a New York dog bite lawyer immediately after an attack is important to ensure your rights are protected and that your claim is filed within the proper legal timeframe.

Who Can Be Held Liable for a Dog Bite in New York?

While the dog's owner is the most common party held liable in a dog bite case, other individuals or entities may also bear responsibility depending on the circumstances of the attack. Identifying all potentially liable parties is critical for maximizing your recovery. These may include:

• The Dog Owner: The person who owns the dog is typically the primary defendant. Liability is based on the principles of strict liability for medical costs (if the dog is dangerous) and/or the owner's knowledge of the dog's vicious propensities for other damages.
• Harborers or Keepers: Anyone who is not the legal owner but has control over the dog or provides it with shelter can be held liable. This could include a family member, a friend, or a roommate who lives with the owner and has care of the dog. Their liability is also based on knowledge of the dog's vicious propensities. New York courts have held that a person may be considered a harborer if they allow the dog to reside on their property and exercise control over the premises where the dog is kept. In Strunk v. Zoltanski, 62 N.Y.2d 572 (1984), the Court of Appeals held that a property owner who permitted a tenant to keep a dog on the premises could be liable as a harborer, even though he was not the dog’s legal owner, because he retained control over the property and had knowledge of the dog's aggressive behavior.
• Landlords: A landlord may be held liable if they knew that a tenant's dog was dangerous and had the ability to remove the dog from the premises or otherwise abate the risk (e.g., through provisions in the lease), but failed to take reasonable action. Simply knowing a tenant has a dog is usually not enough; the landlord must have had knowledge of the dog's dangerous nature.
• Property Owners: If a dog attack occurs on someone's property, the property owner may be liable if they knew a dangerous dog was kept on their property (even if they didn't own the dog) and failed to take reasonable steps to protect visitors. Premises liability principles can apply here.
• Dog Sitters, Walkers, or Kennels: If the dog was under the care or control of a professional dog walker, sitter, grooming service, or boarding kennel at the time of the attack, that individual or business might be held liable for negligence in handling or supervising the dog, or if they were aware of its dangerous nature.
• Parents of a Minor Owner: In some cases, the parents of a minor who owns or harbors a dangerous dog may be held liable, particularly if they were aware of the dog's dangerous nature and failed to supervise or control their child and the animal.

An experienced New York dog bite lawyer will conduct a thorough investigation to identify all potentially liable parties and explore all possible avenues for compensation.

How Do I Prove a Dog Bite Case in New York?

Building a successful dog bite claim in New York requires proving specific legal elements. As discussed, for damages beyond medical bills, the most critical element is proving the owner's prior knowledge of the dog's vicious propensities. This involves gathering compelling evidence, which may include:

• Evidence of Prior Incidents: Reports of previous bites or attacks to animal control or police, witness testimony about past aggressive behavior, or even veterinary records noting aggression.
• Evidence of the Dog's Temperament: Testimony from neighbors, mail carriers, delivery drivers, or visitors who witnessed the dog acting aggressively (e.g., growling, barking viciously, lunging) even without a prior bite.
• Evidence of Restraint Methods: Proof that the owner used a muzzle, heavy chain, or special enclosure because they knew the dog was aggressive.
• "Beware of Dog" Signs: The presence of warning signs can indicate the owner's awareness of the dog's dangerous nature.
• Owner's Statements: Any admissions by the owner about the dog's history or temperament.
• Expert Testimony: In some complex cases, an animal behavior expert may be needed to evaluate the dog's actions and history.

What Excuses Can a Dog Owner Use to Avoid Responsibility?

Dog owners and their insurance companies will often raise defenses to avoid or reduce liability. Common defenses in New York dog bite cases include:

• Provocation: The owner may claim that the injured person provoked the dog, causing it to bite. Provocation can include teasing, hitting, stepping on, or otherwise agitating the dog. However, whether an action constitutes provocation depends on the circumstances, and courts are particularly cautious about applying this defense when the victim is a child.
• Trespassing: If the injured person was unlawfully on the owner's private property without permission at the time of the attack, the owner may argue they are not liable. As noted above, trespassers' rights are limited, but exceptions may apply depending on the victim's age and the specific facts.
• Assumption of Risk: This defense might be argued if the injured person knowingly and voluntarily interacted with a dog they knew to be dangerous and understood the risk involved. This defense is sometimes raised in cases involving veterinarians, groomers, or other animal professionals who assume certain risks as part of their job.
• Comparative Negligence: New York is a comparative negligence state. This means that if the injured person is found to be partially at fault for the incident (e.g., by acting carelessly around the dog), their recoverable damages may be reduced by their percentage of fault. For example, if your total damages are assessed at $100,000, but you are found to be 20% at fault, you would only be able to recover $80,000.

An experienced New York dog bite lawyer can anticipate these defenses and build strategies to counter them, protecting your right to compensation.

What Kind of Compensation Can I Get After a Dog Bite?

Victims of dog bites in New York may be entitled to recover financial compensation for the losses they have suffered as a result of the attack. These damages are generally categorized as economic and non-economic:

• Economic Damages: These are quantifiable financial losses, including:
  • Medical Expenses: Past and future costs of emergency care, hospital stays, surgeries (including plastic and reconstructive surgery), doctor visits, medications, physical therapy, psychological counseling, and any other related medical treatment.
  • Lost Wages: Income lost due to time missed from work because of the injuries, treatment, or recovery.
  • Loss of Earning Capacity: If the injuries result in a permanent disability or impairment that reduces your ability to earn income in the future.
  • Other Out-of-Pocket Expenses: Costs like transportation to medical appointments, bandages, creams, or other supplies.
• Non-Economic Damages: These are subjective, non-monetary losses that are harder to assign a specific dollar value to, but are often a significant part of a victim's suffering:
  • Pain and Suffering: Compensation for the physical pain endured from the bite and subsequent medical treatment.
  • Emotional Distress: The psychological impact of the attack, including fear, anxiety, depression, nightmares, and PTSD.
  • Scarring and Disfigurement: Compensation for permanent scars or changes to physical appearance, which can have profound emotional and social consequences.
  • Loss of Enjoyment of Life: If the injuries prevent you from participating in hobbies, activities, or aspects of life you enjoyed before the attack.
  • Permanent Disability or Impairment: Compensation for any lasting physical or mental limitations caused by the injuries.
• Punitive Damages: In rare cases, punitive damages may be awarded. These are not intended to compensate the victim for a loss but rather to punish the dog owner for particularly reckless or malicious behavior and to deter others from similar conduct. Punitive damages are typically only considered in cases where the owner's actions demonstrate a willful disregard for the safety of others, such as intentionally siccing a dog on someone or knowing a dog is extremely dangerous and failing to take any precautions.
• Wrongful Death Cases: In New York, a wrongful death claim must be brought by the personal representative of the deceased’s estate, not by individual family members. Under the New York Estates, Powers and Trusts Law § 5-4.1, the personal representative may seek compensation for economic losses suffered by the surviving family, including funeral costs, lost income, loss of services, and parental guidance. If a dog attack causes a fatal injury, pursuing a wrongful death claim can help the family secure needed financial support and accountability.

Calculating the full value of a dog bite claim requires a thorough understanding of current and future medical needs, lost income, and the significant impact the injuries have had on the victim's life. An experienced New York dog bite lawyer will work with medical experts, financial analysts, and other professionals to ensure all potential damages are accounted for.

Does Insurance Cover Dog Bite Injuries in New York?

It's important for victims to know that in most dog bite cases, the compensation comes not directly from the dog owner's personal funds, but from their homeowner's or renter's insurance policy.

Most standard homeowner's and renter's insurance policies include liability coverage that applies if a guest or visitor is injured on the property. This coverage typically extends to injuries caused by the insured's dog, even sometimes if the incident occurs away from the home.

When you file a claim, you are essentially filing against the at-fault party's insurance policy. Dealing with insurance companies can be challenging. Their goal is to pay as little as possible, and they may use various tactics to deny or devalue your claim. Having an attorney who understands how to negotiate with insurance adjusters and litigate against insurance companies when necessary is invaluable. Your attorney will handle all communication with the insurance company, protecting you from tactics that could harm your case.

However, not all dog owners carry insurance that covers dog bites. In some cases, the dog may be excluded from the policy, or the owner may have no coverage at all. Even when insurance is available, policy limits may not be enough to cover serious injuries or long-term damages. In these situations, it may be necessary to pursue a personal judgment against the dog owner or identify other liable parties, such as landlords or property owners, who may have additional insurance coverage.

Frequently Asked Questions (FAQs)

Q: What if the dog was a service animal or emotional support animal?

A: Service or emotional support animals are not exempt from New York’s dog bite laws. If such an animal causes injury and meets the legal criteria for a dangerous dog or had known vicious propensities, the owner may still be held liable for resulting damages.

Q: What if the attack happened at a dog park or public space?

A: Dog owners are responsible for maintaining control over their animals in public places. If the attack occurred at a dog park or public area, you may still be able to hold the dog owner liable. Witnesses, video footage, and park rules may all help support your claim.

Q: Are certain dog breeds more likely to result in legal claims?

A: While no breed is automatically considered dangerous under New York law, some insurance companies exclude specific breeds from coverage, and courts may consider breed as one factor among many. Legal liability still depends on the dog’s behavior and the owner’s knowledge of past aggression.

Contact Stephen Bilkis & Associates Today

If you or a loved one has been the victim of a dog bite or animal attack in New York, do not hesitate to seek legal help. The laws are complex, the window for filing a claim is limited, and critical evidence can be lost over time. Let our experienced dog bite attorneys serving New York evaluate your case and explain how we can help. Protect your rights and start your path to recovery. Contact us at 800.696.9529 today for a free consultation. We serve clients throughout New York, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, Long Island, Nassau County, Suffolk County, and Westchester.

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