Injured person discussing a dog bite lawsuit in New York

Can You Sue If a Dog Bites You in New York? What Victims Need to Know

A dog bite can happen in an instant. One moment you are walking through your neighborhood, visiting a friend, or passing by a stranger on the sidewalk. The next, you are dealing with a painful wound, a trip to the emergency room, and a stack of medical bills you were not expecting.

If this has happened to you, one of the first questions you are probably asking is: can you sue the dog’s owner in New York?

The short answer is yes. But how your case works depends on the specific circumstances of the bite and the laws that govern dog owner liability in this state. This guide breaks down everything you need to know about filing a dog bite lawsuit in New York, including your rights as a victim, what you need to prove, and what compensation you may be entitled to recover. If you are unsure where to start, our overview of what every accident victim needs to know about personal injury in New York is a helpful place to begin.

How New York's Dog Bite Law Works

For most of the past two decades, New York followed a strict and often difficult standard for dog bite victims. To recover compensation, you generally had to prove that the dog had a history of vicious behavior and that the owner was aware of it. If the dog had never bitten anyone before, many victims were left without a path to full compensation.

That changed in April 2025.

In a landmark decision, the New York Court of Appeals ruled in Flanders v. Goodfellow (2025 NY Slip Op 02261) that dog bite victims can now pursue claims under two separate legal theories: strict liability and negligence. This ruling overturned nearly 20 years of precedent established by Bard v. Jahnke (2006), which had previously blocked negligence claims in dog bite cases entirely.

Strict Liability Under New York Agriculture and Markets Law

Under N.Y. Agric. & Mkts. Law § 123 (2024), a dog owner can be held strictly liable for medical costs when their dog bites someone, regardless of whether the dog had ever bitten anyone before. This means you do not have to prove the owner knew the dog was dangerous in order to recover your medical expenses.

To pursue additional damages beyond medical costs under strict liability, such as lost wages or pain and suffering, you still need to show that the owner knew or should have known the dog had dangerous or vicious tendencies.

Negligence Under the New 2025 Standard

The Flanders v. Goodfellow ruling created an important new avenue for victims. Under this standard, you can now pursue a negligence claim by showing that the dog owner failed to act with reasonable care to prevent the bite, regardless of whether the dog had any prior history of aggression.

Examples of owner negligence include failing to leash the dog in public, leaving a gate unsecured, not responding to visible signs of agitation or aggression, or allowing the dog to roam freely in shared spaces where others are present.

This shift brings New York in line with the legal standard followed in most other states and gives bite victims a clearer and more accessible path to full compensation, especially in first-time bite cases where prior history could not be established.

What You Need to Prove in a New York Dog Bite Case

Because victims can now pursue both legal theories simultaneously, the evidence required depends on which path you are taking, and your attorney may build your case around both at the same time.

To recover medical costs under strict liability, you need to establish:

  • The dog bit you
  • The defendant owns or harbors the dog
  • You did not provoke the dog

To recover full damages under strict liability, you additionally need to show:

  • The dog had a known history of dangerous or vicious behavior
  • The owner was aware of that history
  • The owner failed to take reasonable steps to prevent the bite

To recover full damages under negligence (the new 2025 standard), you need to show:

  • The dog owner owed you a duty of reasonable care
  • The owner breached that duty by failing to take reasonable precautions
  • That failure directly caused your injury

Under the negligence theory established in Flanders v. Goodfellow (2025 NY Slip Op 02261), you do not need to prove any prior history of aggression. The focus shifts from what the dog did in the past to what the owner failed to do to prevent the bite from occurring.

What Compensation Can You Recover After a Dog Bite in New York?

If your claim is successful, you may be entitled to recover damages for:

  • Emergency room visits, surgeries, and ongoing medical treatment
  • Prescription medications and wound care
  • Physical therapy and rehabilitation
  • Lost wages if your injuries prevented you from working
  • Pain and suffering caused by the attack
  • Emotional distress, anxiety, or post-traumatic stress disorder
  • Permanent scarring or disfigurement

Dog bites are not minor events. Depending on the severity of the attack, injuries can require multiple surgeries, leave permanent scars, and cause lasting psychological trauma, especially for children. The full impact of a bite often extends well beyond the initial emergency room visit, and your compensation should reflect that reality.

What to Do Immediately After a Dog Bite in New York

The steps you take in the hours and days after a dog bite can directly affect the strength of your claim. Here is what to do right away:

  • Seek medical attention immediately. Even if the wound seems minor, dog bites carry a serious risk of infection and may require rabies evaluation.
  • Identify the dog and the owner. Get the owner’s name, address, and contact information, and ask whether the dog is vaccinated.
  • Report the bite. In New York City, all animal bites must be reported within 24 hours through the NYC Health Department’s official animal bite reporting form, or by calling 311.
  • Photograph your injuries, the location where the bite occurred, and any conditions that may point to negligence, such as an unsecured gate, a missing leash, or the absence of warning signs.
  • Get contact information from any witnesses who saw what happened.
  • Keep all medical records, bills, and documentation related to your treatment.
  • Contact a personal injury attorney before speaking with the dog owner’s insurance company.

Insurance adjusters often contact bite victims quickly, and their goal is to minimize the payout. You can learn more about what evidence is needed for a personal injury claim and how to collect it properly before speaking with anyone from the other side.

 

How Long Do You Have to File a Dog Bite Lawsuit in New York?

In New York, the statute of limitations for a personal injury claim, including dog bites, is generally three years from the date of the injury under N.Y. C.P.L.R. § 214 (2024). If you miss this deadline, you lose the right to pursue compensation entirely, regardless of how strong your case may be.

There are limited exceptions that can shorten or extend this window. If the bite victim is a minor, the three-year clock typically does not start until the child turns 18. If you were bitten on government property or by a dog owned by a government employee, you may face significantly shorter notice requirements, sometimes as little as 90 days.

Do not assume you have time to wait. Consulting a personal injury attorney in Brooklyn as soon as possible after a bite protects your rights and gives your legal team the best opportunity to gather evidence while it is still available.

Where Do Most Dog Bites Happen in Brooklyn?

Brooklyn is one of the most densely populated boroughs in New York City, and dog bites occur across a wide range of settings. Common locations include:

  • Sidewalks and public streets, particularly in high-foot-traffic areas like Flatbush Avenue, Atlantic Avenue, and the Fulton Street corridor
  • Apartment building hallways, lobbies, and shared outdoor spaces, which are a common source of bites in Brooklyn’s dense residential neighborhoods
  • Public parks such as Prospect Park, Marine Park, and McCarren Park, where dogs are frequently off-leash
  • Private homes during visits or deliveries
  • Retail establishments that permit dogs on their premises

Regardless of where the bite occurred, New York law applies. Under the new dual-track system established by Flanders v. Goodfellow (2025 NY Slip Op 02261), dog owners are now held to a reasonable standard of care in all of these settings, regardless of their dog’s prior history. Knowing common mistakes to avoid when filing a personal injury claim can protect your case from the very beginning.

Does It Matter If the Dog Has Never Bitten Anyone Before?

Before April 2025, this was one of the most important questions in a New York dog bite case, because the answer significantly limited a victim’s options.

That is no longer the case.

Under the negligence standard established in Flanders v. Goodfellow (2025 NY Slip Op 02261), a dog’s lack of prior biting history does not prevent you from pursuing a claim. If the owner failed to act with reasonable care, such as by not leashing the dog, not securing their property, or ignoring visible signs of agitation, you may have a strong negligence case regardless of the dog’s record.

The strict liability path under N.Y. Agric. & Mkts. Law § 123 (2024) still applies where prior dangerous behavior can be shown, and both theories can be pursued at the same time. An experienced attorney can evaluate which approach gives you the strongest path to full compensation based on the specific facts of your case.

Frequently Asked Questions

1. What is the new negligence standard for dog bites in New York?

In April 2025, the New York Court of Appeals ruled in Flanders v. Goodfellow (2025 NY Slip Op 02261) that dog bite victims can now file negligence claims against dog owners, even if the dog had no prior history of aggression. This overturned a nearly 20-year-old rule that had blocked negligence claims in animal injury cases. Under the new standard, victims simply need to show that the owner failed to exercise reasonable care in controlling or restraining the dog. This is a significant expansion of victim rights in New York and means that first-time bite cases now have a clearer path to full compensation than they did before.

Yes. Mail carriers, delivery workers, and others who are lawfully on a property as part of their job are fully protected under New York dog bite law. Under the new negligence standard established by Flanders v. Goodfellow (2025 NY Slip Op 02261), dog owners are required to take reasonable steps to prevent harm to anyone who may lawfully access their property, including delivery workers.

New York courts have recognized that dog bites occurring in shared residential spaces such as lobbies, hallways, and courtyards can give rise to liability for the dog’s owner. In some cases, a landlord who was aware a dangerous dog lived in the building may also share responsibility. Under the expanded negligence framework, both the dog owner and the property owner may now face claims if they failed to take reasonable precautions to prevent harm.

Provocation is a recognized defense under New York law and can reduce or eliminate a dog owner’s liability. However, the bar for what constitutes provocation is relatively high. Accidentally stepping near a dog or making a sudden movement generally does not qualify. If you genuinely provoked the animal, your recovery may be reduced or barred entirely. An attorney can evaluate the specifics of what happened in your case.

Most personal injury attorneys in New York handle dog bite cases on a contingency fee basis, meaning you pay no attorney fees unless your case is successful. Your initial consultation is free, and there is no financial risk in speaking with an attorney about your options.

In Summary

New York’s dog bite law changed significantly in 2025. The Flanders v. Goodfellow ruling opened the door for bite victims to pursue negligence claims without needing to prove a dog’s prior history of aggression. Combined with the existing strict liability framework under N.Y. Agric. & Mkts. Law § 123 (2024), bite victims now have more legal options than at any previous point in New York’s history.

The most important step you can take right now is to speak with a personal injury attorney who understands both the traditional strict liability framework and the new negligence standard. The sooner you reach out, the better positioned your legal team will be to build the strongest possible case on your behalf.

References:

New York Court of Appeals. (2025). Flanders v. Goodfellow, 2025 NY Slip Op 02261. https://www.nycourts.gov/ctapps/Decisions/2025/Apr25/29opn25-Decision.pdf

New York State Legislature. (2024). New York Agriculture and Markets Law, Section 123: Dangerous dogs. https://www.nysenate.gov/legislation/laws/AGM/123

New York State Legislature. (2024). New York Civil Practice Law and Rules, Section 214: Actions to be commenced within three years. https://www.nysenate.gov/legislation/laws/CVP/214

NYC Department of Health and Mental Hygiene. (2025). Dog bites. https://www.nyc.gov/site/doh/health/health-topics/dog-bites.page

 

Disclaimer

The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship between you and Cherny & Podolsky PLLC. Every legal situation is unique, and the laws discussed here may not apply to your specific circumstances. If you have been injured and are considering legal action, you should consult with a qualified attorney who can evaluate the facts of your case.