What to Do After a Dog Bite in New York - Person reviewing legal documents after a dog attack

What to Do After a Dog Bite in New York: A 2025 Legal Guide

A dog bite can happen without warning. One moment you are walking down the street, visiting someone’s home, or passing through a building lobby. The next, you are dealing with a wound, a trip to the emergency room, and a set of questions you were never prepared to answer.

What you do in the hours and days after a dog bite directly affects both your health and your legal rights. This guide walks you through every step, from the moment of the attack through understanding what New York law says in 2025, so you can make informed decisions at every stage.

Step-by-Step: What to Do Immediately After a Dog Bite

1. Seek Medical Attention Right Away

Even if the bite looks minor, dog wounds carry a serious risk of infection. Bacteria from a dog’s mouth can enter the skin and cause complications within hours. Go to an emergency room or urgent care the same day. Your doctor will clean the wound, assess infection risk, evaluate whether a rabies exposure protocol is needed, and create a medical record, which is critical documentation if you later decide to pursue a legal claim.

2. Identify the Dog and the Owner

Before leaving the scene, collect the dog owner’s full name, address, and phone number. Ask whether the dog is up to date on its rabies vaccination and request documentation. If the owner refuses or leaves, note as many details as possible: the dog’s breed, color, and size, as well as any identifying features of the owner.

3. Report the Bite to Animal Control

In New York City, all animal bites must be reported within 24 hours through the NYC Health Department or by calling 311. Filing an official report creates a formal record of the incident and may reveal whether the dog has a prior history of aggression, which can be important if you pursue a legal claim later.

4. Document Everything

Take photographs as soon as possible and continue photographing your injuries throughout the healing process. Document:

  • The wound itself, from multiple angles
  • The location where the bite occurred
  • Any conditions that suggest negligence: an unsecured gate, a missing leash, absence of warning signs
  • The dog, if you are safely able to do so

5. Collect Witness Information

If anyone witnessed the attack or observed the dog’s behavior beforehand, get their name and contact details. Witness testimony can be decisive in establishing what happened and whether the owner failed to take reasonable precautions.

6. Do Not Accept Any Payment Without Legal Advice

The dog owner or their homeowners insurance carrier may contact you quickly with an early offer. Do not sign anything or accept any payment before understanding the full extent of your injuries and your legal rights. Early settlement offers rarely reflect the true value of a dog bite claim.

How New York Dog Bite Law Changed in 2025

New York’s approach to dog bite cases changed significantly in April 2025. Understanding the new legal landscape is important for any bite victim in the state.

The Old Rule: The “One Bite” Problem

For nearly 20 years, New York followed a restrictive standard established by Bard v. Jahnke (2006). Under that framework, bite victims who could not prove the dog had a known history of dangerous behavior were largely blocked from pursuing negligence claims. This left many victims, particularly those bitten by dogs with no prior record, unable to recover full compensation even when an owner’s carelessness was obvious.

The 2025 Change: Flanders v. Goodfellow

In April 2025, the New York Court of Appeals issued a landmark ruling in Flanders v. Goodfellow (2025 NY Slip Op 02261) that overturned Bard v. Jahnke and opened a new legal path for bite victims. The court held that dog bite victims can now pursue claims under two legal theories simultaneously: strict liability and negligence.

What Strict Liability Covers

Under New York Agriculture and Markets Law Section 123, a dog owner can be held strictly liable for a victim’s medical costs when their dog bites someone, regardless of whether the dog had ever bitten before. No proof of the dog’s prior history is required to recover medical expenses under this standard.

To recover 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 tendencies.

What the New Negligence Standard Means

The Flanders ruling created an important second avenue. Under the negligence standard, you can now pursue full compensation by showing that the dog owner failed to act with reasonable care to prevent the bite, without needing to prove any prior history of aggression.

Examples of owner negligence under this standard include:

  • Allowing the dog to roam off-leash in a public space
  • Leaving a gate unsecured or failing to maintain a proper enclosure
  • Ignoring visible signs of agitation or aggression before the bite
  • Allowing unsupervised interaction between the dog and children in unpredictable settings

This change brings New York in line with the standard followed in most other states and gives bite victims, especially those bitten by dogs with no prior record, a clearer and more accessible path to full compensation.

What Compensation May Be Available After a Dog Bite in New York

Depending on the circumstances of the bite and the nature of your injuries, compensation in a New York dog bite case may include:

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

The full financial impact of a dog bite often extends well beyond the initial emergency visit. Some injuries, particularly those involving nerve damage, deep lacerations, or psychological trauma, require extended treatment and carry long-term consequences. Any claim should account for these future costs, not just what has already been spent.

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

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

There are important exceptions that can shorten this window:

  • If the bite victim is a minor, the three-year clock typically does not begin until the child turns 18.
  • If the bite occurred on government property or involved a government-owned dog, you may need to file a Notice of Claim within 90 days of the incident.
  • If the attack happened in a government-operated housing complex or facility, similar short deadlines may apply.

Do not assume you have time to wait. Evidence disappears quickly: surveillance footage gets overwritten, hazardous conditions get corrected, and witnesses’ memories fade. Acting early protects your ability to build the strongest possible case.

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

Before April 2025, this question was one of the most consequential in any New York dog bite case. If the dog had no prior history of aggression, many victims found themselves without a clear path to full compensation.

That has changed. Under the negligence standard established in Flanders v. Goodfellow, 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, by not leashing the dog, not securing their property, or ignoring visible warning signs, you may have a strong claim regardless of the animal’s prior record.

Both the strict liability and negligence theories can be pursued at the same time, giving bite victims more options than at any previous point in New York history.

Frequently Asked Questions

What changed about New York dog bite law in 2025?

In April 2025, the New York Court of Appeals ruled in Flanders v. Goodfellow that bite victims can now pursue negligence claims against dog owners even when the dog had no prior history of aggression. This overturned a nearly 20-year restriction and gives first-time bite victims a much clearer path to full compensation.

Bites 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 knew a dangerous dog lived in the building may also share responsibility. Under the expanded negligence framework, both parties may face claims if they failed to take reasonable precautions.

Yes. Anyone who is lawfully present on a property, including delivery workers, mail carriers, and service providers, is fully protected under New York dog bite law. Under the new negligence standard, dog owners are required to take reasonable steps to prevent harm to anyone who may lawfully access their premises.

New York follows a pure comparative negligence rule. You can still recover compensation even if you were partially at fault; your award is simply reduced by your percentage of responsibility. Provocation is a recognized defense, but the bar is relatively high. Accidentally startling a dog or moving near it generally does not qualify as provocation.

Yes. In New York City, all animal bites must be reported within 24 hours through the NYC Health Department or by calling 311. Outside of New York City, reporting requirements may vary by county. Filing a report creates an official record and may reveal prior incidents involving the same dog.

Key Takeaways

  • Seek medical attention immediately; even minor bites carry infection risk and the medical record protects your claim.
  • Report the bite to NYC Animal Control within 24 hours and document everything at the scene.
  • New York dog bite law changed significantly in 2025; you no longer need to prove prior history to pursue a negligence claim.
  • Both strict liability and negligence theories can be pursued at the same time under the Flanders v. Goodfellow ruling.
  • The statute of limitations is generally three years, but shorter deadlines apply to government-related claims.
  • Do not accept any settlement offer before understanding the full extent of your injuries and your legal rights.

Were you or someone you know bitten by a dog in Brooklyn? Understanding the law is the first step. Taking action is the next. Cherny & Podolsky PLLC has represented Brooklyn dog bite victims since 2008 and is fully prepared to handle cases under both the strict liability framework and the new 2025 negligence standard. Learn more on our Dog Bite Lawyer Brooklyn page.

References

Flanders v. Goodfellow, 2025 NY Slip Op 02261 — New York Court of Appeals, April 2025.

N.Y. Agriculture and Markets Law Section 123: Dangerous Dogs — New York State Legislature, 2024.

N.Y. Civil Practice Law and Rules Section 214 — New York State Legislature, 2024.

Animal Bite Reporting — NYC Department of Health and Mental Hygiene, 2025.

Disclaimer

The information 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. Every legal situation is unique. If you have been injured, consult a qualified attorney who can evaluate the facts of your specific case.