If you or a loved one has been bitten by a dog, you are likely feeling overwhelmed, confused, and worried about what comes next. We understand how frightening this experience can be. After all, a dog bite can cause not only physical pain but emotional distress as well. Our team is here to guide you through the process of understanding what needs to be done to prove liability in a dog bite case in New York. We know that navigating the legal system can feel daunting, but with the right support, you can get the help you need to ensure that your case is handled properly and that you receive the compensation you deserve.
Understanding Liability in New York Dog Bite Cases
In a dog bite case, proving liability is essential to recover damages. Liability refers to the responsibility of the dog’s owner for the harm caused by their animal. In New York, recent legal developments have expanded the ways victims can hold dog owners accountable. Proving liability now involves showing either that the dog had a known history of aggression or that the owner failed to take reasonable precautions to prevent the incident—even if the dog had no prior history of violence.
The key factors that determine liability include:
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Whether the dog had a history of aggressive behavior,
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Whether the owner took reasonable steps to prevent harm, and
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Whether the victim was lawfully on the property where the bite occurred.
Thanks to the landmark 2025 decision in Flanders v. Goodfellow, New York courts now recognize negligence claims in addition to the traditional strict liability route. This means pet owners can be held accountable even if their dog had never bitten or acted aggressively before.
Strict Liability and the Dog’s Prior Behavior
One of the most important elements in a traditional strict liability claim is whether the dog had previously shown signs of aggression. If the dog had a known history of biting, lunging, or other threatening behavior, the owner may be strictly liable for not taking proper precautions. This could include:
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Failing to leash the dog,
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Allowing the dog to roam freely, or
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Not warning others about the dog’s known dangers.
However, strict liability is no longer the only avenue for recovery.
New Negligence Standard: Broader Protections for Victims
Under Flanders v. Goodfellow, victims can now also pursue a negligence claim—even if the dog had no prior history of aggression. If an owner fails to act with reasonable care to prevent an injury—such as by not properly securing a dog, ignoring warning signs, or allowing unsafe interactions—they can be held liable for resulting injuries.
This updated standard brings New York in line with most other states and gives injury victims a fairer path to compensation.
The Importance of the Victim’s Actions
While a dog’s behavior and the owner’s precautions are critical to the case, the actions of the victim are also taken into account. In New York, a dog owner is not automatically liable if the victim was trespassing or provoking the animal. The circumstances surrounding the bite—such as whether the victim was lawfully on the property—can affect liability.
However, under the expanded legal framework, victims now have more options. Even if the dog had no history of aggression, you may still have a valid negligence claim if the owner failed to take reasonable safety measures.
For example:
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If you were invited onto the property or were simply walking on a public sidewalk when the attack occurred, you likely have a strong case under either legal theory.
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If you provoked the dog or were trespassing, it may be more difficult to establish liability—but an attorney can assess the specific facts and advise you on the strength of your case.
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Andrews
Robert
Maranto
Tom
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Maranto, III
Gathering Evidence to Support Your Case
To prove liability, evidence is crucial. This includes gathering documentation from medical professionals about the extent of your injuries, any witness testimonies, and any reports about the dog’s prior behavior. Photos of the injuries and the scene where the attack occurred are also important in building a solid case. The more evidence you can provide, the better your chances of proving that the dog owner is responsible for your injuries.
Another key piece of evidence can be any past complaints or incidents involving the dog. If the dog had a history of aggressive behavior, this would strengthen your case. You should also keep track of your medical bills, lost wages, and other expenses that result from the dog bite. These documents can help to demonstrate the full impact that the attack has had on your life.
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.
New York’s Dog Bite Laws After Flanders v. Goodfellow
Two Legal Theories: Strict Liability and Negligence
As of April 17, 2025, dog bite victims in New York have two legal paths to compensation:
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Strict Liability: A dog owner can be held strictly liable if they knew—or should have known—that their dog had “vicious propensities,” such as prior aggressive behavior (biting, lunging, snarling, etc.).
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Negligence: For the first time, victims can now sue dog owners for failing to take reasonable steps to prevent an attack—even if the dog had no prior history of aggression.
This dual-track system was established by the New York Court of Appeals in Flanders v. Goodfellow, which overturned a long-standing precedent that barred negligence claims in dog bite cases.
The “One-Bite Rule” – Still Relevant, But Narrower in Scope
New York still recognizes the “one-bite rule” under its strict liability standard. This means a dog owner may not be held strictly liable for the first bite if there was no indication the dog had dangerous tendencies.
However, if there is evidence of prior aggression—such as biting, growling, or threatening behavior—the owner can be held strictly liable for injuries caused by the dog.
Example: If a dog previously bit someone, lunged at people, or barked aggressively from behind a fence, the owner must take extra precautions, such as using a muzzle or leash. Failure to do so can lead to strict liability for any subsequent injury.
Proving Negligence: A New Option for Victims
Thanks to Flanders, victims no longer need to prove that a dog had a history of aggression to win their case. A negligence claim can now succeed if the dog owner:
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Failed to properly secure the dog (e.g., no leash, broken gate)
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Ignored signs of dangerous behavior (e.g., excessive barking, growling)
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Did not act reasonably to prevent foreseeable harm
Even if it was the first time the dog bit someone, a victim can recover damages if the owner acted irresponsibly.
Summary: What This Means for Pet Owners and Victims
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Pet Owners must now be proactive. Even if your dog has no history of aggression, you can be sued if you fail to use reasonable care.
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Victims can bring claims under either strict liability (based on prior behavior) or negligence (based on unreasonable conduct, even without prior aggression).
This major shift ensures that New York law now better balances public safety with fair treatment of responsible pet owners.
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The Role of Insurance in Dog Bite Cases
In many dog bite cases, liability insurance may come into play. Most homeowners’ insurance policies cover dog bites, and in some cases, this can make it easier to receive compensation for your injuries. If the dog owner has insurance, the policy may cover the medical expenses, lost wages, and other costs related to the dog bite. If the owner does not have insurance, it may be more challenging to recover damages. In these cases, an attorney can help you explore other options, such as pursuing compensation through the owner’s personal assets or filing a lawsuit.
Verdicts & Settlements
Proving liability in a dog bite case can be complex, but an experienced attorney can help you navigate the legal process. A skilled lawyer will gather evidence, interview witnesses, and consult with medical professionals to build a strong case. They will also help you understand the specific laws that apply to your case, including the one-bite rule and negligence standards.
At Andrews, Bernstein & Maranto, PLLC, we are committed to helping you get the compensation you deserve. We understand the pain and frustration that come with a dog bite injury, and we are here to ensure that you are not left to face this challenge alone. Our team is dedicated to advocating for your rights and will work tirelessly to help you achieve a successful outcome. If you have been injured by a dog bite in New York, contact us today to schedule a consultation and learn more about how we can help.