Dog Bite FAQs

New York uses a mixed liability approach for dog bites. Dog owners are automatically strictly liable for all medical and veterinary costs when their dog causes injury, regardless of the dog's prior behavior. For additional damages like pain and suffering or lost wages, victims have two legal pathways. They can prove the owner knew or should have known the dog had vicious propensities (strict liability), or they can demonstrate the owner failed to exercise reasonable care in preventing the attack (negligence). The 2025 Flanders v. Goodfellow decision established this negligence pathway, significantly expanding victims' legal options beyond the traditional one-bite rule framework.

New York historically followed a modified one-bite rule, but the 2025 Flanders v. Goodfellow decision fundamentally changed the landscape. While the one-bite rule still applies for determining strict liability (requiring proof the owner knew about the dog's dangerous propensities), it no longer serves as complete protection for negligent owners. Dog owners can now be held liable even without prior knowledge of aggressive behavior if they failed to exercise reasonable care in preventing an attack. This means victims can pursue compensation through negligence claims, such as when owners violate leash laws or fail to properly secure their dogs, regardless of the dog's history.

Multiple parties may bear responsibility in New York dog bite cases. Dog owners are primarily liable under Agriculture and Markets Law Section 123, which makes them strictly liable for medical costs and potentially all damages if they knew about dangerous propensities or were negligent. Landlords can share liability if they knew about a dangerous dog on their property, had control to remove it, but failed to act. Property owners may also be liable if they knew about a dangerous dog and took no action. Additionally, lawful custodians (such as dog walkers or pet sitters) who have temporary care of the dog may share responsibility for attacks occurring under their supervision.

You likely have a valid dog bite claim in New York if you suffered actual physical injuries requiring medical treatment while lawfully present in a public place or on private property. Your claim is strongest if you didn't provoke the dog and the attack was unjustified. You must report the bite to health authorities within 24 hours and generally have three years to file a lawsuit (or 90 days for claims against municipal employees). Even if it was the dog's first bite and the owner had no knowledge of aggressive behavior, you may still have a valid claim under the new negligence standard established by Flanders v. Goodfellow.

Yes, you can pursue legal action in New York if another dog attacks your pet. New York's Agriculture and Markets Law Section 123 specifically protects companion animals, farm animals, and other domestic animals injured by dog attacks. When a dog unjustifiably attacks and injures your pet, the owner is strictly liable for veterinary costs. For damages beyond medical expenses, you'll need to prove the owner knew or should have known about the dog's aggressive tendencies. The proposed "Penny's Law" would further strengthen protections by creating criminal offenses for negligent handling of dogs that injure other pets. Establish that your pet didn't provoke the attack for the strongest claim.

Absolutely. Being bitten on your own property actually strengthens your legal position because you were lawfully present and clearly not trespassing. The dog owner is strictly liable for all your medical expenses regardless of where the attack occurred. Following the 2025 Flanders decision, you can pursue full compensation (including pain and suffering, lost wages, and emotional distress) by proving negligence, such as the owner allowing the dog to roam off-leash or violating leash laws. If you can prove the owner knew about the dog's vicious propensities, you may recover all damages under strict liability. Most homeowners insurance policies cover dog bites even off the owner's property, making recovery more feasible.

Under New York Agriculture and Markets Law Section 108(24), a dog is legally classified as "dangerous" if it attacks a person, companion animal, farm animal, or domestic animal without justification and causes physical injury or death. A dog is also dangerous if it behaves in a manner that would make a reasonable person believe it poses a serious, unjustified imminent threat. Service dogs, guide dogs, and hearing dogs receive special protection. A dog cannot be declared dangerous if its actions were justified, such as when someone was committing a crime, tormenting the dog, or when the dog was responding to pain or protecting itself or its household from imminent threat.

Yes, certain breeds statistically have higher attack rates. Pit bulls account for approximately 60% of fatal attacks between 2010 and 2023, and New York City data shows pit bulls are involved in bite incidents at 5.75 times their population proportion. However, New York law protects against breed discrimination. Since January 2022, insurance companies cannot deny coverage or increase premiums solely based on breed. Your claim's validity depends on the individual dog's behavior and the owner's actions or negligence, not merely the breed. While breed alone won't bar your claim, a documented history of aggressive behavior in statistically dangerous breeds may strengthen evidence that an owner should have known about dangerous propensities.

First, ensure your safety and remove yourself from danger. For minor wounds, wash the area thoroughly with soap and warm water for at least five minutes, apply pressure to stop bleeding, use antibacterial ointment, and cover with a sterile bandage. Seek immediate medical attention because even minor bites require professional evaluation as 20% become infected. Report the bite to the Department of Health within 24 hours (legally required in New York) and contact animal control. Gather the dog owner's contact information, vaccination records, and witness details. Take photographs of your injuries and the attack location. Keep all medical records and documentation, and consult an attorney before signing any documents or speaking with insurance companies.

While filing a police report isn't always legally required, you must report all dog bites to New York health authorities within 24 hours. This is mandatory under NYC Health Code Section 11.03. Filing a police report is highly recommended because it creates an official record carrying significant weight in legal proceedings, helps identify uncooperative owners, and provides independent documentation insurance companies and courts consider credible. For severe attacks involving significant injury, call 911 immediately. Additionally, report to local animal control to investigate the incident, verify vaccination status, check for prior complaints, and ensure proper quarantine. Timely reporting demonstrates the seriousness of the incident and protects your legal rights.

Yes, healthcare providers in New York are legally required to report dog bites under specific circumstances. They must report incidents involving rabid animals or suspected rabies to local health authorities within 24 hours. When initiating rabies prophylaxis treatment, providers must report all pertinent facts about the bite, exposure, or treatment. These mandatory medical reports create independent, professional documentation of your injuries that carries significant weight in determining compensation. The reports include critical details about injury severity, required treatment, infection risk, and prognosis. This dual reporting system (where both victims and healthcare providers report bites) creates comprehensive documentation that protects public health while strengthening legal claims.

For immediate first aid on minor wounds: stop bleeding by applying direct pressure with a clean cloth for 5 to 10 minutes, wash the area thoroughly with soap and warm water for at least five minutes while gently pressing to promote slight bleeding (which flushes bacteria), apply antibacterial ointment, and cover with a sterile bandage. However, all dog bites breaking the skin require professional medical evaluation within 24 hours, as approximately 20% become infected. Seek emergency care immediately if bleeding is uncontrollable, the wound is deep, or you can see muscle, tendons, or bone. Healthcare providers will professionally clean the wound, prescribe antibiotics, administer tetanus shots if needed, and provide rabies prophylaxis if the dog's vaccination status is unknown.

Dog bite lawsuit timelines vary significantly based on case complexity. Simple cases with minor injuries typically settle within 3 to 6 months, moderate cases take 6 to 12 months, and complex cases requiring extensive treatment can take 9 to 18 months. Cases proceeding to trial may take 1 to 3 years. Legal professionals report that typical dog bite lawsuits take roughly nine months to a year to fully settle. Key factors affecting timeline include injury severity, insurance company cooperation, legal complexity, and whether filing a lawsuit becomes necessary. You should not settle until reaching maximum medical improvement to ensure all treatment costs are accounted for. Critical deadline: You have three years to file a personal injury lawsuit in New York.

In 2022, New York ranked fourth nationally with an average dog bite settlement of $77,421 per claim. Settlement amounts vary widely based on injury severity: minor injuries (shallow bites needing stitches) typically range from $5,000 to $25,000; moderate injuries (infections, deeper cuts) range from $25,000 to $75,000; severe injuries (multiple surgeries, nerve damage) range from $75,000 to $300,000; and life-altering injuries (permanent disabilities, extensive scarring) exceed $300,000. Recent New York cases include $600,000 for a child's facial injuries and $500,000 for an elderly woman's attack injuries. Factors significantly affecting payouts include permanent scarring (increases settlements approximately 45%), child victims (approximately 35% higher), and clear owner negligence (approximately 35% increase). New York imposes no caps on personal injury damages.

Compensation ranges from a few thousand dollars to over $500,000 depending on injury severity. You can recover economic damages including medical expenses (emergency care, surgery, medications, therapy, future treatment), lost wages, lost earning capacity, and other costs. Non-economic damages include pain and suffering, emotional distress, PTSD, disfigurement and scarring (particularly facial injuries), loss of quality of life, and permanent disability. Factors maximizing compensation include injury severity and permanence, comprehensive medical documentation, strong liability evidence, victim age, injury location (facial and hand injuries command higher settlements), and quality legal representation. Most homeowners insurance provides $100,000 to $300,000 in liability coverage, which often serves as the practical recovery limit unless multiple policies apply.

The dog owner's homeowners or renters insurance is typically the primary compensation source, providing $100,000 to $300,000 in liability coverage for medical expenses, legal fees, lost wages, and pain and suffering. Medical payments coverage ($1,000 to $5,000) provides immediate payment without determining fault. Your personal health insurance can provide initial coverage for emergency treatment, often the easiest way to ensure prompt care without waiting for liability determination. If bitten while working, workers' compensation covers all medical expenses and approximately two-thirds of wages, though you may also pursue a personal injury claim against the dog owner for full damages. Under New York law, dog owners are strictly liable for all medical costs when their dog causes injury, regardless of prior aggressive behavior.

Dog bite injuries range from minor to life-threatening. Common physical injuries include puncture wounds and lacerations requiring stitches, infections (affecting 20% of bites) such as cellulitis, Pasteurella, Capnocytophaga, and potential rabies or tetanus, nerve damage causing numbness or loss of function, muscle and tendon injuries, bone fractures, permanent scarring and disfigurement (particularly facial), and in severe cases, amputations, crush injuries, hemorrhage, and fatalities. Psychological injuries include PTSD, anxiety, depression, cynophobia (fear of dogs), and emotional distress from disfigurement. Children are particularly vulnerable to facial injuries, accounting for 42% of those requiring medical care. The Dunbar Bite Scale ranks severity from Level 1 (aggressive behavior without contact) to Level 6 (fatal attack), with settlement amounts correlating to injury severity.

Yes, you can typically file for workers' compensation if bitten while performing job duties. This applies to postal workers, delivery drivers, utility workers, contractors, animal control officers, veterinary staff, dog walkers, real estate agents, and law enforcement. Workers' compensation is a no-fault system covering all medical expenses, approximately two-thirds of lost wages, and permanent disability benefits. However, it doesn't cover pain and suffering or have benefit caps. If the dog owner wasn't your employer, you can pursue both workers' compensation and a personal injury lawsuit against the dog owner, allowing "dual recovery" for full wage replacement, pain and suffering, and complete damage compensation. Workers' compensation carriers may place liens on personal injury settlements, but experienced attorneys can often negotiate reduced liens.

A comprehensive settlement claim includes multiple components. Economic damages cover medical expenses (emergency care, surgery, medications, therapy, future treatment), lost income and earning capacity, property damage, and other costs like transportation. Non-economic damages include pain and suffering, emotional distress and PTSD, disfigurement and scarring, and loss of quality of life. Factors strengthening claims include injury severity and permanence, clear liability evidence (prior aggressive behavior, leash law violations), strong documentation (medical records, photographs, expert testimony), victim demographics (children receive approximately 35% higher settlements), injury location (facial injuries increase settlements approximately 45%), and owner negligence (approximately 35% increase). Settlement calculation uses the multiplier method (economic damages multiplied by 1.5 to 5 based on severity) or per diem method (daily pain and suffering value multiplied by recovery days).

Yes, consulting an experienced New York dog bite lawyer is strongly recommended, especially for serious injuries, disputed liability, or significant medical expenses. Legal representation is crucial because New York's complex laws combine strict liability, the one-bite rule, and negligence principles, made more complicated by the 2025 Flanders v. Goodfellow decision. Studies consistently show represented clients receive substantially higher compensation than those negotiating alone. Most dog bite attorneys offer free consultations and work on contingency fees (you only pay if they win). Attorneys provide thorough investigation, access to medical and behavioral experts, accurate case valuation including future damages, aggressive negotiation, and trial experience. Given insurance companies' aggressive tactics to minimize payouts, legal representation significantly increases your settlement amount and protects your rights throughout the process.