If you’ve recently been bitten by a dog in New York, you may be feeling overwhelmed and uncertain about your next steps. At Andrews, Bernstein & Maranto, PLLC, we understand the emotional and physical toll that such incidents can have on your life. We are here to guide you through the complex legal process and help you understand your rights under New York’s dog bite laws. Our goal is to help you navigate your case with compassion and determination, ensuring that you receive the justice and compensation you deserve. If you’re facing this situation, you don’t have to go through it alone.
What Does New York’s Dog Bite Law Say?
In New York, dog bite cases are now governed by a dual legal standard: strict liability and negligence, thanks to a groundbreaking 2025 ruling by the state’s highest court in Flanders v. Goodfellow.
Strict Liability
Under New York’s long-standing strict liability rule, a dog owner can be held responsible if they knew or should have known about their dog’s “vicious propensities.” This includes behaviors like prior biting, growling, lunging, or other threatening conduct. If such knowledge is proven, the owner is liable—regardless of whether they acted carefully.
Negligence
In a major shift, New York courts now also allow negligence claims in dog bite and other animal injury cases. This means a dog owner can be held liable if they failed to take reasonable steps to prevent an attack—even if the dog had no known history of aggression. Victims no longer need to prove the dog was previously dangerous to recover damages.
This change aligns New York with most other states and gives victims a better chance at compensation.
Exceptions Still Apply
Certain defenses remain. For example, if the injured person was trespassing, committing a crime, or provoking the dog, these facts could limit or eliminate the owner’s liability.
Also, it’s important to note that New York law distinguishes between actual bites and other types of harm caused by animals (such as being knocked over). Both may now give rise to claims under strict liability or negligence, depending on the facts.
What Are the Possible Injuries From Dog Bites?
Dog bites can lead to a wide range of injuries, from minor cuts and bruises to more severe wounds that may require medical treatment. Some injuries may not be immediately apparent, as the pain or swelling can develop over time. Dog bites can result in physical trauma, infection, and long-term emotional distress.
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In some cases, a bite may cause permanent scarring or nerve damage, leaving you with lasting consequences. If the bite leads to a serious infection, it could also require extended medical care and even hospitalization. For these reasons, it is critical to seek medical attention as soon as possible after a dog bite. Even if the injury seems minor, it is always best to err on the side of caution.
What Steps Should You Take After a Dog Bite Incident?
If you’ve been bitten by a dog, there are several important steps you should take to protect your health and your legal rights. The first step is to get medical attention. If the bite is severe, seek emergency care immediately. If the bite appears less serious, you should still visit a healthcare provider for an assessment to avoid complications, such as infections.
You should also gather as much information as possible about the dog and its owner. Try to get the name and contact information of the owner, as well as any details about the dog’s vaccinations, particularly its rabies status. If there were any witnesses to the attack, make sure to get their contact information as well.
Additionally, document the injuries you sustained. Take photographs of the bite and any other visible wounds. Keep track of any medical treatments or appointments you have in connection with the injury. This information will be critical when building your case.
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.
How Does the Legal Process Work in Dog Bite Cases?
The legal process for dog bite cases in New York is generally straightforward, but it can become complicated depending on the circumstances of the attack. After filing a claim, the insurance company for the dog owner may try to settle the case quickly, often offering you a lower settlement amount than you may be entitled to. This is why it’s important to have legal representation during the process.
When you file a lawsuit, you will need to prove that the dog’s owner is responsible for the injuries you sustained. Since New York follows strict liability laws, you typically do not need to prove negligence, but you must still show that the dog bit you and that you did not provoke the animal. Your attorney will help gather evidence, such as medical records and witness testimonies, to strengthen your case.
What Types of Damages Can You Receive in a Dog Bite Case?
If you are successful in your dog bite case, you may be entitled to a variety of damages. These can include compensation for medical expenses, lost wages, pain and suffering, and any other financial losses resulting from the attack. If the dog bite caused permanent scarring or disability, you may also receive additional compensation for those long-term effects.
In some cases, you may be entitled to punitive damages, which are meant to punish the dog owner for their actions, especially if the attack was caused by gross negligence or if the dog had a history of dangerous behavior that the owner failed to address.
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The Importance of Acting Quickly
When it comes to dog bite cases, time is of the essence. There are deadlines, known as statutes of limitations, that limit how long you have to file a lawsuit. In New York, you typically have three years from the date of the bite to pursue legal action. If you wait too long, you risk losing your ability to seek compensation for your injuries. Additionally, the sooner you begin the legal process, the sooner you can address your immediate medical needs, such as securing treatment and getting the proper documentation. Acting quickly can also make it easier to gather important evidence and strengthen your case.
Verdicts & Settlements
At Andrews, Bernstein & Maranto, PLLC, we understand that dealing with the aftermath of a dog bite can be confusing and stressful. We are here to help you understand your legal rights and options. Our experienced team will work with you every step of the way, from gathering evidence to negotiating with insurance companies and, if necessary, taking your case to court.
We are committed to fighting for your rights and ensuring that you receive the maximum compensation for your injuries. We understand that dog bites can have lasting effects, both physically and emotionally, and we will work tirelessly to achieve a successful outcome for your case.
If you’ve been injured in a dog bite incident, you don’t have to face it alone. Our team at Andrews, Bernstein & Maranto, PLLC is ready to help you understand your legal rights and pursue the compensation you deserve. With our help, you can navigate the complexities of your case with confidence, knowing that we are on your side every step of the way. Contact us today to schedule a consultation and take the first step toward a successful resolution of your dog bite case.