Dog bites can be serious and sometimes leave victims with painful injuries, scars, and emotional trauma. If you or a loved one has been bitten by a dog in New York, you might wonder if you have the option to file a lawsuit. Understanding how the law handles these incidents is important, especially if you want to pursue legal action to recover for your injuries. New York has specific rules about dog bites, and knowing these rules can help you decide what to do next. At, Andrews, Bernstein & Maranto, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding New York’s Dog Bite Laws After Flanders v. Goodfellow
In New York, dog owners are held responsible if their dog has shown any dangerous tendencies in the past. This is often referred to as the “one-bite” rule, which historically meant that owners could be held strictly liable if they knew or should have known that their dog had “vicious propensities”—such as prior biting, growling, or aggressive behavior.
For example, if a dog has a history of growling or snapping at people and the owner knows about it, the owner could be held responsible if the dog later bites someone. However, if the dog had never shown aggression before, victims previously struggled to recover damages under strict liability alone.
But that has now changed.
New Rights for Dog Bite Victims: Negligence Claims Now Allowed
As of the April 2025 Court of Appeals ruling in Flanders v. Goodfellow, victims of dog bites can also sue pet owners under negligence, even if the dog has no known history of aggression.
This is a major shift in New York law. Now, a dog bite victim may be able to recover damages if the owner failed to take reasonable precautions—such as using a leash, securing the dog on their property, or warning visitors—regardless of the dog’s past behavior.
What You Need to Prove to Sue for a Dog Bite in New York
To succeed in a dog bite lawsuit, you can now pursue two possible legal claims:
1. Strict Liability
You must prove that:
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The dog had vicious propensities (e.g., history of aggression, prior bites, threatening behavior), and
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The owner knew or should have known about those tendencies.
Evidence might include:
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Past reports or complaints about the dog,
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Testimony from neighbors or delivery workers who witnessed aggressive behavior,
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Prior attacks or incidents, even if they didn’t result in injury.
2. Negligence
You must prove that:
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The dog owner failed to act with reasonable care to prevent the bite, regardless of the dog’s history, and
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That failure directly caused your injuries.
Examples of negligence might include:
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Letting the dog roam without a leash,
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Failing to secure a gate or fence,
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Ignoring warning signs of aggressive behavior.
Victims also need to show the bite resulted in real harm, such as:
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Medical expenses,
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Pain and suffering,
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Emotional distress,
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Lost wages or permanent injury.
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How Compensation Works in Dog Bite Cases
Victims of dog bites in New York can seek compensation for several types of damages. These include medical expenses for treating the bite, such as hospital visits, surgeries, or medications. You can also recover for lost wages if the injury prevented you from working. Additionally, victims can seek damages for pain and suffering, which include both the physical pain caused by the bite and the emotional toll it takes.
In some cases, victims may also be able to recover for property damage. For instance, if a dog attack damages your clothing, glasses, or other belongings, you can include these costs in your claim. Calculating the full extent of your damages is important to ensure you receive fair compensation.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
What to Do After a Dog Bite
If you are bitten by a dog in New York, the steps you take immediately after the incident can make a big difference in your case. First, you should seek medical attention right away, even if the bite seems minor. Dog bites can cause infections, and a doctor can properly clean the wound and provide necessary treatment.
You should also report the incident to the local authorities, such as animal control or the police. Filing a report creates a record of the incident, which can be helpful if you decide to pursue legal action. If possible, gather information about the dog and its owner, including the owner’s name, address, and contact details. Taking photos of your injuries and the scene of the attack can also serve as valuable evidence later.
Finally, consider speaking with an attorney who has experience handling dog bite cases. They can help you understand your rights and guide you through the legal process.
The Role of Negligence in Dog Bite Cases
Negligence plays a key role in many dog bite cases in New York. If an owner fails to act responsibly and their negligence leads to a bite, they can be held liable. Examples of negligence include letting a dog run loose in a public area, failing to put up a warning sign for a dangerous dog, or ignoring leash laws.
In some cases, the victim may also share some responsibility for the incident. For example, if someone provokes a dog by teasing it or trespassing on the owner’s property, this could reduce the amount of compensation they receive. New York follows a rule called comparative negligence, which means that if the victim is partly at fault, their compensation will be reduced by their percentage of fault.
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Time Limits for Filing a Dog Bite Lawsuit
In New York, there is a time limit for filing a lawsuit after a dog bite. This is known as the statute of limitations. Victims generally have three years from the date of the bite to file a claim. If you miss this deadline, you might lose your chance to recover compensation.
However, there are exceptions to this rule in certain cases. For example, if the victim is a minor, the time limit might be extended. Speaking with an attorney as soon as possible after the incident can help ensure you meet all necessary deadlines.
How to Build a Strong Case
To build a strong case for a dog bite claim, it is important to gather as much evidence as possible. This includes medical records that show the extent of your injuries, photographs of the bite, and witness statements from people who saw the attack. Evidence of the dog’s history of aggression, such as past complaints or reports to animal control, can also strengthen your case.
An attorney can help you collect and organize this evidence, as well as negotiate with the dog owner or their insurance company. They can also represent you in court if the case goes to trial. Having a knowledgeable advocate on your side can make the legal process less stressful and improve your chances of a successful outcome.
Verdicts & Settlements
Steps to Take if the Dog Owner Claims Their Dog Was Provoked
Sometimes, dog owners may argue that their dog only bit someone because it was provoked. If this happens, it is important to show that you did not provoke the dog. Evidence like witness statements or video footage can help refute these claims.
If the dog was tied up or restrained at the time of the attack, the owner might argue that you approached the dog despite clear warnings. This is why it is important to act carefully around unfamiliar dogs and avoid actions that might be seen as provocative.
When to Consider Legal Help
Dealing with the aftermath of a dog bite can be overwhelming, especially if you are facing medical bills and other expenses. Hiring an attorney can help you navigate the legal process and protect your rights. They can advise you on whether you have a strong case and help you pursue fair compensation for your injuries.
If you or a loved one has been injured by a dog bite in New York, the legal team at Andrews, Bernstein & Maranto, PLLC is here to assist you. We understand how challenging it can be to recover after such an incident, and we are committed to helping you seek the compensation you deserve. Contact us today to schedule a consultation and take the first step toward resolving your case.
