For nearly two decades, New York dog bite victims could only recover damages by proving the owner knew their dog was dangerous before it ever bit anyone.
That changed in April 2025, when the state’s highest court opened the door to ordinary negligence claims for the first time.
If you’ve been bitten or attacked, choosing a lawyer who understands this shift, and who knows how to build both types of claims, can significantly affect what you’re able to recover.
Prior results do not guarantee a similar outcome.
What Makes New York Dog Bite Claims Different From Other Injury Cases?
Most personal injury cases in New York are decided using an ordinary negligence standard: did the person act carelessly, and did that carelessness cause your injury? Dog bite cases have historically worked differently.
Under the “vicious propensities” rule from Collier v. Zambito, a dog owner could only be held strictly liable if they knew, or should have known, that their dog had a tendency to endanger others, whether from a prior bite, prior growling or snapping, or similar warning signs.
Separately, Agriculture and Markets Law Section 123(10) provides a narrower form of strict liability for medical costs specifically, but only once a dog has been formally adjudicated “dangerous” through a court proceeding. It doesn’t require proving the owner’s prior knowledge, but it also doesn’t cover pain and suffering, lost wages, or other damages beyond medical bills.
For years, this left a real gap. A first-time bite from a dog with no known history, one that hadn’t yet been declared dangerous, often meant a victim had no path to compensation for anything beyond narrow medical cost reimbursement, since ordinary negligence claims against dog owners were not allowed at all.
How Did the 2025 Flanders v. Goodfellow Ruling Change Dog Bite Claims in New York?
This is the development that reshapes almost every dog bite case going forward. In Flanders v. Goodfellow, decided April 17, 2025, the New York Court of Appeals overruled its own 2006 decision in Bard v. Jahnke, which had barred negligence claims against dog owners entirely.
The Court called that rule “in tension with ordinary tort principles, unworkable, and, in some circumstances, unfair.”
| Before Flanders (2006 to 2025) | After Flanders (April 2025 forward) |
| Only strict liability “vicious propensities” claims allowed | Both vicious propensities claims and ordinary negligence claims allowed |
| Victim had to prove owner knew or should have known of prior dangerous behavior | Victim can also argue the owner failed to use reasonable care, even with no known history |
| A dog’s “first bite” often left victims without a viable claim | A first bite can now support a negligence claim based on how the owner supervised or restrained the dog |
In practice, this means a victim can now argue that a dog owner was careless (leaving a gate open, ignoring leash laws, failing to supervise a dog around children) even if the dog had never shown aggression before.
Who Can Be Held Liable Besides the Dog’s Owner?
Under Strunk v. Zoltanski, a landlord who knew a tenant’s dog had vicious propensities before leasing the property, and who had the ability to remove or restrict the dog through the lease, can share liability for a later attack.
This comes up often in multi-family buildings, where a landlord was aware of complaints about a tenant’s dog and did nothing about it.
Dog walkers, pet sitters, boarding facilities, and anyone else who had custody or control of the dog at the time of the attack can also potentially be held responsible, separate from the dog’s legal owner.
What Should You Look for in a Dog Bite Lawyer?
Ask directly whether the attorney is building your case around both the strict liability vicious propensities theory and a negligence claim under Flanders.
A lawyer still working exclusively off the pre-2025 framework may be underselling what your case is worth.
Look for someone who knows how to investigate a dog’s history quickly, including animal control records, veterinary records, prior complaints to the municipality, and witness accounts of the dog’s behavior before the attack.
This evidence often supports both a vicious propensities claim and a negligence claim at the same time.
A lawyer should also be comfortable evaluating homeowner’s or renter’s insurance coverage, since most dog bite settlements are paid through the owner’s homeowner’s or umbrella policy rather than out of pocket, and policy limits can shape settlement strategy.
Finally, look for a firm that’s transparent about how contingency fees work. At Porter Law Group, you pay nothing unless we win your case.
What Questions Should You Ask During a Consultation?
| Question | Why It Matters |
| Will you pursue both a strict liability claim and a negligence claim under Flanders v. Goodfellow? | The 2025 ruling opened a second path to compensation that didn’t exist before |
| How do you investigate whether the owner knew or should have known about the dog’s behavior? | This evidence supports the strict liability “vicious propensities” claim |
| Could a landlord, dog walker, or pet sitter share liability in my case? | Responsibility isn’t always limited to the dog’s legal owner |
| What insurance coverage typically applies to a dog bite claim? | Most settlements are paid through a homeowner’s or renter’s insurance policy |
| Have you handled dog bite cases that went to litigation, not just settlement? | Insurers negotiate differently with firms known to litigate when necessary |
| How do you document medical costs, scarring, and lost wages once liability is established? | Strong damages documentation matters just as much as proving fault |
| How do contingency fees and case costs work? | You should understand exactly what you owe and when, before you sign anything |
What Red Flags Should You Watch for When Hiring a Lawyer?
A few warning signs tend to separate firms that are current on New York dog bite law from those that aren’t.
- No mention of Flanders v. Goodfellow or negligence claims when you ask how they plan to build your case
- Assuming your case is weak simply because the dog had no prior bite history
- Guaranteeing a settlement amount before reviewing animal control records or medical documentation
- No clear plan for identifying whether a landlord or other party shares responsibility
- Pressure to sign representation paperwork before you’ve had a chance to ask questions
What Are the Key Deadlines in a New York Dog Bite Case?
| Deadline | Rule | What It Means |
| 3 years | CPLR 214 | General statute of limitations for a personal injury lawsuit in New York, including dog bite claims |
| 90 days | General Municipal Law 50-e | Notice of claim deadline if a municipal or government-owned animal, such as a police K-9, was involved |
| Pauses until age 18 | CPLR 208 | The clock stops for injury victims who were minors at the time of the attack |
If the dog that attacked you had previously been the subject of a dangerous dog complaint or hearing, records from that proceeding can matter for your case and are worth preserving as early as possible, even though they don’t extend the filing deadline above.
Summing It Up
Choosing the right dog bite lawyer in New York now means finding someone who can build your case on two tracks at once: the traditional vicious propensities claim, and the negligence claim made possible by the 2025 Flanders v. Goodfellow decision.
A lawyer still relying on the old rules may be underestimating what your case is worth.
Porter Law Group has built its reputation on trial-tested representation for injured New Yorkers, and our attorneys work on a contingency fee basis, meaning you pay nothing unless we win.
If you or a loved one has been bitten or attacked by a dog, reach out to discuss what happened and what your legal options look like.
Call 833-PORTER9 or email info@porterlawteam.com to schedule a free consultation.
Prior results do not guarantee a similar outcome.
Frequently Asked Questions
Do I still need to prove the owner knew the dog was dangerous to win my case?
Not necessarily anymore. Before April 2025, that knowledge was required for any recovery. After Flanders v. Goodfellow, you can also pursue an ordinary negligence claim by showing the owner failed to use reasonable care, even without proof they knew the dog was dangerous beforehand.
How long do I have to file a dog bite lawsuit in New York?
Generally three years from the date of the attack, under CPLR 214. If a municipally owned animal was involved, a Notice of Claim is generally required within 90 days under General Municipal Law 50-e.
Can I sue my landlord if a neighbor’s or another tenant’s dog bit me?
It depends on what the landlord knew and what control they had. Under Strunk v. Zoltanski, a landlord who knew about a tenant’s dangerous dog before leasing the unit, and who had the ability to remove or restrict it, can share liability.
Does New York have a “one bite free” rule?
Not exactly, and it never fully did. A dog doesn’t get a free pass just because it hasn’t bitten before. Courts have found “vicious propensities” based on growling, snapping, or aggressive behavior even without a prior bite, and since 2025, a first bite can also support a negligence claim.
How much does a dog bite lawyer cost in New York?
Most plaintiff-side personal injury attorneys, including Porter Law Group, work on a contingency fee basis. You pay nothing upfront, and there is no fee unless the firm recovers compensation on your behalf.
This article is for informational purposes only and does not constitute legal advice. Attorney advertising. Prior results do not guarantee similar outcomes.
