New York Dog Bite Lawyer

A New York dog bite victim has three years from the date of the attack to file a personal injury lawsuit, and as of the New York Court of Appeals' April 2025 decision in Flanders v. Goodfellow, can now pursue negligence claims against dog owners even when the dog had no prior history of aggression. New York dog bite settlements typically range from $25,000 for moderate cases to $500,000 or more for serious facial scarring, attacks on children, or cases involving disfigurement. Porter Law Group has recovered over $500 million for injured New Yorkers across our Albany, Buffalo, New York City, Rochester, and Syracuse offices. Call 833-PORTER9 for a free, confidential consultation.

What Are The Legal Grounds For A New York Dog Bite Claim?

New York is one of the few states with a hybrid dog bite framework. Before April 2025, victims could only sue under strict liability, which required proving the owner knew or should have known the dog was dangerous. The Court of Appeals' decision in Flanders v. Goodfellow added a third path. New York dog bite victims can now pursue any of the three legal theories below, often in combination, depending on what the evidence supports:

Under Agriculture and Markets Law section 123, a dog that has been officially adjudicated as 'dangerous' through a formal proceeding triggers automatic strict liability on the owner for the victim's medical and veterinary costs. The victim does not need to prove negligence or prior knowledge for those medical costs. However, statutory strict liability is limited to medical expenses. To recover pain and suffering, lost wages, scarring, or emotional distress, the victim must rely on one of the other two theories.

The common-law strict liability path requires showing the owner knew or should have known the dog had vicious propensities. The negligence path, available since April 2025, requires showing the owner failed to use reasonable care to prevent harm, regardless of the dog's prior history. Most claims today are pleaded under all three theories so the jury can evaluate the evidence under whichever framework fits the facts.

The Flanders V. Goodfellow Decision And What It Means For Victims

On April 17, 2025, the New York Court of Appeals, the state's highest court, decided Flanders v. Goodfellow and changed the legal landscape for every dog bite case in New York. The case involved Rebecca Flanders, a postal carrier who was attacked and seriously injured when a 70-pound dog escaped past its owner at the door of a Goodfellow family delivery and bit her shoulder. Multiple postal carriers had previously observed the same dog slamming itself against windows, baring its teeth, snarling, and growling at deliveries. The lower courts dismissed both Flanders' strict liability and negligence claims under the 2006 precedent of Bard v. Jahnke, which had barred ordinary negligence suits against dog owners.

The Court of Appeals reversed and held two things. First, vicious propensities can be established without proof of a prior bite. Behavior such as growling, lunging, baring teeth, or repeated aggressive displays that a reasonable owner would notice can satisfy the propensity element. Second, and more significantly, victims may now sue an owner in ordinary negligence even when the dog had no prior history of aggression. The Court overturned Bard, calling it inconsistent with general tort law and out of step with 36 other states that already recognized negligence claims against animal owners.

In practical terms, Flanders means a New York dog bite victim no longer needs to find evidence of prior bites or known aggression to win compensation. The case can proceed on a simple negligence theory: did the owner act reasonably to prevent foreseeable harm? Failure to leash a dog known to escape, failure to secure a yard, failure to warn delivery workers, ignoring early signs of aggression, or allowing unsupervised contact between a dog and a child can each now support a negligence claim. This dramatically expands the universe of cases that can succeed. For a deeper explanation of how the ruling applies to specific injury categories, see our published guide on What qualifies as a dog bite under New York state law.

What Counts As 'Vicious Propensities' In A New York Dog Bite Case?

Vicious propensities under New York law means a natural inclination or habitual tendency to act in a manner that endangers others. The phrase has often been misunderstood to require a prior bite, but New York case law has long held that vicious propensities can be established by a wider range of evidence, including:

• A prior bite, of course, is the clearest evidence.
• Growling, snapping, baring teeth, lunging, or charging at people or other animals.
• The manner in which the owner chose to restrain the dog. A dog that is muzzled, double-leashed, or kept behind a tall fence may itself be evidence that the owner considered the dog dangerous.
• Aggressive behavior toward delivery workers, mail carriers, or service personnel.
• A documented history of complaints to police, animal control, or the local health department.
• Behavior that places others at risk of harm even if not classically aggressive, such as a large dog with a habit of jumping on people.

New York courts have consistently held that the breed of the dog alone is not sufficient to establish vicious propensities. A pit bull or German shepherd is not legally presumed dangerous in New York. However, breed plus a history of aggressive behavior can be powerful evidence. Beware-of-dog signs by themselves are also not enough to prove the owner knew the dog was vicious.

How Much Is A New York Dog Bite Case Worth?

Dog bite settlements in New York vary widely based on the severity of the injury, available insurance coverage, the legal theory used, and the impact on the victim's life. Because most dog bite settlements are paid by the owner's homeowner's or renter's insurance, which typically covers up to $300,000 (often $500,000 with an umbrella policy), the available coverage is often a practical ceiling. Settlement ranges by injury severity are summarized below:

Compensable damages fall into three categories. Economic damages cover past and future medical bills, reconstructive surgery, lost wages, lost earning capacity, and physical therapy. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement, which is particularly valuable in facial scarring cases. New York imposes no statutory cap on non-economic damages in dog bite cases. Punitive damages are uncommon but may be awarded when an owner knowingly harbored a dangerous animal or ignored multiple prior incidents.

Cases involving facial scarring on children, attacks on postal or delivery workers, and attacks resulting in nerve damage or surgical repair tend to produce the highest settlements. Attacks involving multiple dogs, attacks at commercial properties, or attacks where the dog was being walked off-leash in violation of local ordinances can also drive higher case value.

Common Dog Bite Injuries In New York Cases

Dog bite injuries range from minor punctures to life-threatening trauma. The injuries below appear frequently in serious New York dog bite cases:

Puncture wounds and lacerations. The most common dog bite injuries. Even seemingly minor puncture wounds carry a high risk of infection, particularly when the bite occurs through clothing or involves dirt and debris.

Facial scarring and disfigurement. Bites to the face and neck are especially common in children and require careful evaluation by a plastic surgeon. Permanent scarring drives high settlement values because juries recognize the lifelong impact, particularly in cosmetically sensitive areas.

Nerve damage. Bites that penetrate to the underlying tissues frequently damage nerves, producing loss of sensation, weakness, or chronic pain. Nerve damage often requires specialized neurosurgical evaluation and may not be fully reversible.

Infections. Dog mouths carry bacteria including Pasteurella, Staphylococcus, and Streptococcus species. Untreated bite wounds can produce severe infections including cellulitis and, in rare cases, sepsis. Rabies prophylaxis may be required if the dog's vaccination status cannot be confirmed.

Crush injuries and fractures. Large dogs can produce crushing force that fractures bones, particularly in attacks on children. Hand and finger fractures are common when a victim tries to protect his or her face.

Psychological trauma. Many dog bite victims, particularly children, develop post-traumatic stress disorder, anxiety around dogs, and fear of going outside. These conditions are compensable in a personal injury claim with appropriate documentation from a mental health provider.

Knockdown and impact injuries. New York courts recognize that a dog does not have to bite to cause compensable injury. A large dog that knocks down an elderly person or a child can produce fractures, head injuries, and serious harm. Liability may attach if the dog had a known tendency to jump on people.

What If My Child Was Bitten By A Dog?

Children are involved in a disproportionate share of dog bite cases. The Centers for Disease Control and Prevention has consistently identified children under age 12 as the highest-risk group for serious dog bite injuries, and bites to children are far more likely to involve the face, neck, and head.

New York protects child dog bite victims with several special legal rules. First, the statute of limitations is tolled until the child turns 18 in most cases, giving the family additional time to pursue a claim. Second, very young children (generally under age four) are presumed incapable of contributory negligence under New York common law, meaning a defense based on the child provoking the dog is sharply limited. Third, settlements involving minors require court approval through an infant compromise hearing to ensure the recovery is properly preserved for the child's benefit. Porter Law Group routinely handles these proceedings as part of dog bite cases involving children.

Landlord, Premises And Third-party Liability

Dog owners are not the only parties who can be held liable in a New York dog bite case. The following defendants may share or substitute for the dog owner in specific circumstances:

• Landlords. Under longstanding New York case law (Strunk v. Zoltanski), a landlord can be liable for a tenant's dog if the landlord had actual knowledge of both the dog's presence and its vicious propensities at the time of the lease, and had the right to remove the dog through eviction.
• Commercial property owners. Stores, apartment buildings, and other commercial premises that allow dogs on the property may be liable when a dog attack occurs in a common area or public access space.
• Dog walkers, kennels, and pet-sitters. Anyone who has custody and control of the dog at the time of the attack may be liable under negligence principles, particularly after Flanders v. Goodfellow expanded the negligence path.
• Employers. Companies that allow dogs in the workplace, or whose employees handle dogs (such as veterinary clinics, grooming salons, and dog boarding facilities) may face vicarious liability when an employee fails to control a dog.
• Insurance carriers. Most homeowner's and renter's insurance policies cover dog bite claims, though some carriers exclude specific breeds. Identifying every applicable policy, including any umbrella coverage, is part of the investigation in every dog bite case.

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Why Choose Porter Law Group For Your New York Dog Bite Case?

Porter Law Group has recovered over $500 million for injured New Yorkers and represents dog bite victims statewide from offices in Albany, Buffalo, New York City, Rochester, and Syracuse. Our practice rests on four commitments.

No fee unless we win. All dog bite cases are handled on a contingency basis. You pay nothing up front, and our fee is a percentage of the recovery, only if we win.

Free consultations, available 24/7. Home visits are available statewide for clients who cannot travel, including parents of young children injured in dog attacks.

Up-to-date knowledge of New York dog bite law. The Flanders v. Goodfellow decision changed New York dog bite law in significant ways. Porter Law Group already maintains a published guide on how the new framework applies to specific injury categories.

Direct attorney access. You will speak with the attorney handling your case. Meet our team on the Attorneys and Staff page, read client testimonials, and learn more about our firm.

Frequently Asked Questions

Do I have to prove the dog bit someone before to win my case?

No, not anymore. Before April 2025, New York's law made it very difficult to recover full compensation if a dog had never bitten anyone before. The Flanders v. Goodfellow decision changed that. You can now sue a dog owner for negligence even if the dog had no prior bite history, as long as the owner failed to use reasonable care in controlling or restraining the animal. If the owner did know the dog had a history of aggression, you can pursue both the negligence claim and the traditional knowledge-based strict liability claim together.

How long do I have to file a dog bite lawsuit in New York?

The statute of limitations is three years from the date of the attack for most dog bite personal injury claims. Wrongful death claims must be filed within two years of death. If the attack happened on government-controlled property or involved a government agency, a Notice of Claim must be filed within 90 days. For children who were bitten, the deadline is paused until age 18. Missing any of these deadlines permanently forfeits the claim, so contact a New York dog bite lawyer as soon as possible.

Can I still recover if the dog had never bitten anyone before?

Yes. The 2025 Flanders ruling specifically addresses this situation. Even a first-time bite can support a valid claim if the owner was negligent in how they controlled the dog. Examples include letting the dog roam off-leash in a populated area, failing to secure a yard or kennel, ignoring signs of anxiety or aggression at the time of the attack, or bringing a high-energy dog into a crowded setting without a leash or muzzle.

Will the dog owner's homeowners insurance pay?

In most cases, yes. Homeowners and renters insurance policies in New York typically include coverage for dog bite liability, which is one of the most common homeowners claims nationwide. The dog owner's insurer is usually the first source of compensation. However, insurers often offer low initial settlements. A New York dog bite attorney will identify all available coverage and negotiate to recover the full value of your claim.

What if a child was bitten?

Children are the most frequent dog bite victims, and New York law provides them with extra protection. The filing deadline is paused until the child turns 18, giving the family more time. Young children also cannot be found to have "provoked" a dog under the same standard as adults, which means the defense of provocation is harder to apply. Settlements in cases involving children with significant facial scarring or psychological trauma are often substantial, and any settlement for a minor requires court approval to ensure the recovery is properly held for the child.

Does Porter Law Group handle cases outside New York City?

Yes. Porter Law Group represents dog bite victims statewide, with offices in Albany, Buffalo, New York City, Rochester, and Syracuse. For Syracuse-area cases specifically, see our Syracuse dog bite lawyer page, or visit our locations page for the office nearest you.

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Meet the Attorney

Michael S. Porter, J.D.

Founder and managing partner of Porter Law Group. Harvard University (B.A., 1994), Syracuse University College of Law (J.D., 1997). Former U.S. Army JAG Corps Captain, Airborne Training School graduate. Super Lawyers 14 consecutive years, 10.0 Superb on Avvo, Distinguished rating from Martindale-Hubbell. Over 20 years of trial experience and $500 million in recoveries.

Reviewed by Michael S. Porter, J.D. | Last updated: [April, 2026]

New York Statewide Service Area

Porter Law Group represents dog bite victims throughout New York State. Our five offices serve clients no matter where the attack occurred:

• Albany, NY Serving the Capital Region, including Albany, Schenectady, Troy, and surrounding communities.
• Buffalo, NY Serving Western New York, including Buffalo, Niagara Falls, and Erie and Niagara Counties.
• New York City, NY Serving all five boroughs, Long Island, and the Hudson Valley, including Westchester, Rockland, and Dutchess Counties.
• Rochester, NY Serving the Finger Lakes and Greater Rochester region, including Monroe and Ontario Counties.
• Syracuse, NY Serving Central New York, including Syracuse, Utica, and Onondaga, Oneida, and Madison Counties.

For a full list of communities we serve, visit our New York locations page. For more on New York animal injury law, visit our dog bites practice page or read recent updates on the Porter Law Group blog.

Speak with a New York dog bite lawyer today

If you or a loved one was attacked by a dog anywhere in New York, contact Porter Law Group for a free, confidential consultation. We will identify every potentially liable party and insurance policy, document the dog's prior behavior through witness interviews and official records, evaluate your claim under all three available legal theories, and outline the next steps, at no cost and with no obligation to retain our firm.

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