In This Article
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- Suing for a Dog Bite in New York
- The “One-Bite Rule”
- How Flanders v. Goodfellow Changed Dog Bite Claims
- What You Need to Prove to Win a Dog Bite Case
- Compensation You May Pursue After a Dog Bite
- Learn Whether You Can Sue Someone for a Dog Bite in New York
Suing for a Dog Bite in New York
New York law gives dog bite victims two paths to compensation. The first is strict liability, sometimes called the “one-bite rule,” which holds an owner responsible for medical bills when the dog had shown aggressive tendencies before the attack and the owner knew, or should have known, about them. The second path is negligence. New York courts wouldn't hear negligence claims against dog owners at all for almost 20 years, thanks to a 2006 ruling that took the theory off the table entirely. That stood until April 2025, when the New York Court of Appeals decided Flanders v. Goodfellow. The decision reopened negligence as an option for dog bite victims, and depending on what happened during the attack, a case can now proceed on strict liability, negligence, or both. This shift means an owner's carelessness, not just a dog's past behavior, can now form the basis of a claim.For a free legal consultation, call (516) 932-0400
The “One-Bite Rule”
Under New York’s strict liability law, an owner is responsible for a bite when the dog had already displayed vicious tendencies and the owner knew, or should have known, about that behavior. Vicious tendencies are not limited to a prior bite. Growling, snapping, lunging, or baring teeth at people is enough to put an owner on notice that their dog posed a danger. The central question in these cases is knowledge. Courts look at what the owner witnessed directly, what witnesses reported, and whether warning signs existed before the attack. A dog that previously threatened a mail carrier, a neighbor, or another visitor establishes a pattern an owner cannot ignore.How Flanders v. Goodfellow Changed Dog Bite Claims
For years, New York courts followed a 2006 ruling that prevented dog bite victims from suing an owner for negligence, regardless of the circumstances. That decision meant courts had ruled out any concept of owner negligence for domestic animal injuries. That changed on April 17, 2025. The New York Court of Appeals broke from that precedent in Flanders v. Goodfellow and put negligence back on the table alongside strict liability. Now a victim doesn't need to point to the dog's history at all; the claim can rest entirely on whether the owner acted carelessly, like ignoring a leash law or leaving a gate open. This means an owner's carelessness alone, such as ignoring leash requirements or failing to restrain a dog, may now support a claim on its own.Click to contact our personal injury lawyers today
What You Need to Prove to Win a Dog Bite Case
Building a strong dog bite claim depends on which legal theory applies to your case, and the evidence needed can differ significantly between the two. A strict liability claim requires evidence that the dog had shown aggressive behavior before the attack and that the owner knew, or should have known, about it. This could include prior complaints to animal control, a history of growling or lunging at visitors, or warnings from neighbors about the dog's temperament. For negligence, the evidence looks different. Instead of digging into the dog's past, you're looking at what the owner did or didn't do, such as letting the dog roam the yard or neighborhood unsupervised. Any of that can be enough. Some evidence helps either claim, such as the following:- A neighbor who saw what happened
- An animal control report
- Your medical records
- Photos from the scene
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Compensation You May Pursue After a Dog Bite
Depending on the severity of your injuries and the circumstances of the attack, you can pursue compensation for the following types of damages:- Medical expenses, including emergency treatment, surgery, wound care, and any future medical needs connected to the injury
- Scarring and disfigurement, which are common results of dog bite injuries and often require specialized treatment
- Lost income, for time missed from work during recovery
- Reduced earning ability, if the injury affects your capacity to work going forward
- Pain and suffering, including the physical pain caused by the attack and its lasting effects
- Emotional distress related to the attack and injuries
Learn Whether You Can Sue Someone for a Dog Bite in New York
Recent changes to New York law have opened new paths to compensation for dog bite victims, but building a strong case still requires the right evidence and legal strategy. Our attorneys stay current on developments like these so we can protect your rights and pursue the compensation you deserve. Call Friedman & Simon, L.L.P. for a free consultation to discuss your case.Call or text (516) 932-0400 or complete a Free Case Evaluation form