New York dog bite law · Updated for Flanders v Goodfellow (2025)
New York Dog Bite Lawyer
Since April 2025, a New York dog bite claim no longer depends only on proving the dog was known to be vicious. You can also try to show the owner failed to use reasonable care.
Start with medical care and a report to the health department; the evidence about how the dog was controlled is what we look at next.
The law
How New York dog bite law changed in 2025
For almost twenty years, Bard v Jahnke (2006) barred ordinary negligence claims for harm caused by domestic animals. In Flanders v Goodfellow, 2025 NY Slip Op 02261, decided April 17, 2025, the Court of Appeals overruled Bard "to the extent that it bars negligence liability for harm caused by domestic animals." Injured people now have more than one route.
Route 1
Ordinary negligence
The owner or keeper did not use reasonable care, for example in leashing, fencing, supervising or warning.
Evidence: leash and confinement, local leash rules, how the encounter happened, witnesses.
Route 2
Known vicious propensities
The owner knew or should have known the dog had a tendency to harm. Strict liability follows for the harm it causes.
Evidence: prior bites or attacks, complaints, warnings, how the dog was kept.
Statute
Dangerous dog medical costs
Under Agriculture and Markets Law 123, the owner or lawful custodian of a dangerous dog is strictly liable for medical costs from injuries it causes, subject to the statute's exceptions.
Evidence: whether the dog meets the statute's definition, and any dangerous-dog proceedings.
The routes can overlap, and the statute says it does not limit other common-law or statutory claims. Which ones fit your case depends on the dog, the owner and what happened.
After the bite
First steps after a dog bite
Get medical care
Bites can become infected, and a doctor must assess rabies exposure.
Report the bite
To the local health department; in many places the treating provider also reports it.
Identify the dog and owner
Name, address, the dog's vaccination status and who was handling it.
Document
Photograph injuries as they heal, the location, any fence, gate or broken leash.
Keep a list
Witnesses, medical visits, missed work, and any messages from the owner or an insurer.
Who may be responsible
The owner is the obvious starting point, but the person who was keeping or walking the dog, a kennel, groomer or daycare, or in some situations a landlord who knew about the danger may also have a role.
Homeowner's and renter's insurance policies often respond to these claims, but coverage and exclusions vary. Avoid recorded statements to an insurer before you understand the claim.
Bites on public property or involving a public employer's dog can carry a 90-day notice of claim requirement (General Municipal Law 50-e). Otherwise, a personal injury action is generally due within three years, with additional time possible for children.
Published firm result
Dog bite result
This is the dog bite result in the firm's published archive. The published description does not say where the bite occurred.
Prior results do not guarantee a similar outcome. Every case depends on its own facts.
See the full verdicts and settlements archive$300,000
$300,000 Settlement — Dog Bite Without Proof of Vicious Propensities
Obtained a $300,000 settlement for a client bitten by a dog, despite no proof of the dog's vicious propensities.
Local pages
Dog bite help in your county
This page covers New York law. Reporting, public property and venue differ by county, so our local pages go further for each area. You can also search for a dog bite lawyer near me.
- Long Island dog bite lawyer
Nassau and Suffolk reporting, parks and local proof
- Nassau County dog bite attorney
Hempstead, Oyster Bay, North Hempstead and Nassau villages
- Brooklyn dog bite lawyer
Kings County
- Queens dog bite lawyer
Queens County
- Bronx dog bite lawyer
Bronx County
- Manhattan dog bite lawyer
New York County
- Staten Island dog bite lawyer
Richmond County
Not in the way it is often described. Owners who knew or should have known of a dog's vicious propensities remain strictly liable for the harm the dog causes. Since the Court of Appeals decided Flanders v Goodfellow on April 17, 2025, an injured person can also try to prove ordinary negligence, meaning the owner failed to use reasonable care, even without a history of prior bites.
The Court of Appeals overruled Bard v Jahnke (2006) "to the extent that it bars negligence liability for harm caused by domestic animals." A person injured by a dog can now rely on ordinary negligence principles, such as how the dog was controlled, leashed or confined, in addition to the vicious-propensity rule.
Agriculture and Markets Law section 123 makes the owner or lawful custodian of a dangerous dog strictly liable for medical costs resulting from injury caused by that dog, with limited exceptions in the statute. Whether the dog qualifies, and how that rule fits with the other claims, depends on the facts. The statute says it does not limit other claims under common law or statute.
A personal injury action generally must be commenced within three years (CPLR 214). Time can be extended for a child (CPLR 208). If a public entity is involved, for example a city-owned dog or a dog kept on public property, a notice of claim may be due within 90 days (General Municipal Law 50-e).
Depending on the facts, a person who harbored or kept the dog, a dog walker, a kennel or daycare, or in some situations a landlord who knew of the danger. The evidence of who controlled the dog at the time matters as much as who owned it.
Get medical care, since bites can become infected and rabies exposure must be assessed. Report the bite to the local health department. Get the owner's name and address and the dog's vaccination information if you can, photograph the injuries and the location, and write down witnesses.
Across New York City and Long Island. Our Long Island, Nassau County and borough pages cover local reporting and venue questions; the firm's main office is in Uniondale, Nassau County. The consultation is free.
Talk to us about the bite
Which routes apply, who is responsible and by what date depends on the dog, the owner and where it happened. The first conversation is free.
What to bring
- The owner's name and address, if known
- Photos of the injuries and the location
- Medical and health-department records
- Witness names and any insurer letters