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Were you or a family member injured by a dog bite or attack in New York? The law on these cases changed in April 2025, when New York’s highest court ruled that an injured person can sue a dog’s owner for negligence.

Before that, the only option was strict liability based on the dog’s known history. Today you may be able to bring either claim, or both.

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What to Do After a Dog Bite in New York

Dog bites are a common injury. A CDC study published in the journal Injury Prevention estimated that about 4.5 million people in the United States are bitten by dogs each year. About 885,000 of them, roughly one in five, need medical attention.

When a dog attacks someone, the owner can be held legally responsible for the injuries. In many cases, the owner’s homeowner’s or renter’s insurance policy may cover medical bills and pain and suffering, up to the policy’s limits.

The first thing you should do is get medical care right away, even if the wound looks minor. A dog’s teeth can push bacteria deep into tissue, causing infections such as cellulitis, abscesses, and bone infections.

In rare cases those infections lead to sepsis. Get urgent care for:

  • deep punctures
  • bites to the face or hands
  • bleeding that won’t stop
  • any bite to a child, an older adult, or someone with a weakened immune system

If you can do it without delaying care, photograph the wound from several angles before it is cleaned and dressed. Keep taking photos as it heals. Those pictures may be the only record of how the injury first looked, and they show any infection or scarring that develops.

Wash the wound with soap and running water for several minutes, then cover it with a clean dressing. Ask the owner for proof of the dog’s rabies vaccination.

Rabies is almost always fatal once symptoms appear. If the dog’s vaccination status is unknown or the owner can’t be found, a doctor will decide whether you need post-exposure treatment.

Under CDC guidance that generally means wound care, human rabies immune globulin (HRIG), and rabies vaccine doses on days 0, 3, 7, and 14.

Finish any antibiotics you are prescribed and keep every follow-up appointment. Watch for signs of infection: spreading redness, swelling, pus, fever, red streaks running from the wound

Keep your medical records, prescription receipts, and bills together in one place.

Report the Attack and Identify the Owner

Report the bite to your local dog control officer, animal control office, or police department as soon as you can.

In New York City, animal bites can be reported through 311. A report creates an official record. Under Agriculture and Markets Law 123, anyone who witnesses an attack can complain to a dog control officer or police officer. If the officer has reason to believe the dog is dangerous, the officer must start a court proceeding to decide whether it is.

Write down the report or incident number. You will need it to follow the investigation and to request copies of the final report.

Get the owner’s name, address, phone number, email, and homeowner’s or renter’s insurance information.

Ask for the dog’s license number and rabies vaccination record. If the owner won’t share this, note the dog’s appearance, any collar or tags, and exactly where the attack happened.

Ask animal control whether the dog has prior complaints, bite reports, or a dangerous dog finding on record.

That history can be important evidence, especially for a strict liability claim, which turns on what the owner knew or should have known about the dog.

Preserve Evidence for Your Claim

Evidence is easiest to collect in the first few days. Camera footage gets overwritten, people’s memories fade, and broken gates get repaired.

Photograph the scene. Capture broken fences, open gates, a missing leash, any warning signs, blood on the ground, and the surrounding area. If you can do it safely, photograph or film the dog from a distance.

Collect witness contact information. That includes people who saw the attack and people who know how the dog has behaved before. Their statements can back up your account.

Keep damaged clothing and personal items. Store them somewhere safe and don’t wash or repair them. They show how forceful the attack was.

Keep a daily journal. Note your pain, symptoms, sleep problems, nightmares, anxiety, limits on movement, and missed work or activities. This record supports a claim for pain and suffering and for emotional harm.

Stay off social media about the incident. Insurers and defense attorneys may review public posts and use them to question your injuries. Don’t give a recorded statement to an insurance adjuster before you have talked with an attorney.

Note where the attack happened. If it was in an apartment building, office, or business, someone other than the owner may share responsibility. That could be a landlord, a property manager, or a business that knew the dog was dangerous.

Negotiating the complex issues associated with these claims can be daunting without experienced lawyers like the ones at the Porter Law Group. We have represented many people and their families in dog attack cases in New York and secured substantial financial awards for those injured in this manner.

Bitten by a Dog in New York?

Reach out to our experienced team for a free consultation and explore your options for compensation.

New York Dog Bite Liability and What Must Be Proven

In April 2025, the New York Court of Appeals ruled that a person injured by a domestic animal can sue the owner for negligence. Before that ruling, a claim could be based only on strict liability, which required showing the owner knew about the dog’s vicious propensities. Now an injured person may bring a strict liability claim, a negligence claim, or both. Each case still depends on its own evidence.

There are three ways an owner can be held responsible.

Strict Liability Based on Vicious Propensities

For decades, New York has held dog owners strictly liable when they knew, or should have known, that their dog had vicious propensities. The dangerous dog statute, Agriculture and Markets Law 123, says nothing in it limits this long-standing claim.

A prior bite is not the only evidence that can matter. Depending on the facts, growling, snapping, lunging, earlier complaints, or other aggressive behavior the owner knew about may also be relevant.

Dogs Found Dangerous Under State Law

Agriculture and Markets Law 108 defines a “dangerous dog.” The definition includes a dog that attacks a person without justification and causes physical injury. Section 123 sets up a court hearing to decide whether a particular dog meets that definition.

The owner or lawful custodian of a dangerous dog is strictly liable for medical costs resulting from injuries the dog causes. There are two exceptions:

  • the dog’s conduct was justified under the statute
  • the dog was defending a person during certain serious crimes

This liability covers medical costs only. The statute adds to the other claims described here rather than replacing them.

Negligence Based on Failure to Use Reasonable Care

Since the 2025 ruling, an injured person can also claim that the owner failed to use reasonable care in controlling the dog. That claim is available whether or not the dog had a known history of aggression. As with other negligence claims, you generally have to show that the owner owed a duty of care, failed to meet it, and that the failure caused your injuries.

This path can matter most when a dog has no documented history but the owner didn’t leash, fence, restrain, or supervise it properly. Breaking a local leash law may be relevant evidence, though each case turns on its facts.

Traumatized by a New York Dog Bite Incident?

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Common Dog Bite Injuries and Complications

Dog bites range from superficial lacerations to devastating trauma that permanently changes a victim’s appearance, function, and emotional health. Hands, arms, face, and neck are particularly vulnerable, especially for children.

Common injuries include:

  • Puncture wounds, lacerations, crush injuries, and degloving injuries
  • Fractures or joint damage from bite force
  • Damage to tendons, ligaments, and nerves
  • Significant scarring and disfigurement, particularly on visible areas such as the face
  • Serious infections, including cellulitis, osteomyelitis, and sepsis

Common dog breeds involved in serious attacks:

It is important to recognize that injuries caused by dogs are not limited to bites. Victims of any dog-related injury should understand their rights and responsibilities.

Infection and Rabies Concerns

Dog bite wounds can become infected quickly, especially deep punctures, hand bites, and wounds in people with weakened immune systems. Infections range from skin and soft tissue infection (cellulitis) and pockets of pus (abscesses) to infection of bones and joints. Some spread into the bloodstream and cause sepsis.

One group of bacteria found in dogs’ mouths, Capnocytophaga, rarely causes illness. According to the CDC, it can be serious for people at higher risk, including those with weakened immune systems, those without a spleen, and those with alcohol use disorders.

The CDC recommends prompt wound care, possible human rabies immune globulin (HRIG), and a series of rabies vaccinations on days 0, 3, 7, and 14 after exposure for suspected rabies exposure.

Scarring and Reconstructive Surgery

Dog bites often leave jagged wounds that heal with noticeable scars, especially on the face, neck, or hands. Scars can be tender or itchy. When they cross a joint, they can tighten and limit movement.

Many people need several treatments to improve how a scar looks and works, such as scar revision surgery, skin grafts, flap reconstruction, or laser therapy. Treatment can go on for years after the attack.

Visible scars can also affect a person emotionally, contributing to anxiety, low self-esteem, and social withdrawal, particularly in children and young adults.

Nerve Damage and Loss of Function

A serious bite can crush or tear the nerves in the face, hands, arms, or legs. Nerve damage can cause chronic pain, burning, numbness, tingling, weakness, or partial paralysis.

Some people lose fine motor skills or grip strength and struggle with everyday tasks like buttoning a shirt or holding a fork. Hand injuries are especially hard to recover from, because nerves, tendons, and blood vessels are packed closely together there. Long-term nerve damage may require pain management and physical and occupational therapy. It can also limit a person’s ability to work, especially in jobs that depend on using their hands.

Emotional Trauma and PTSD

A sudden attack can be deeply frightening, and some people, especially children, develop post-traumatic stress disorder (PTSD) or anxiety afterward. Symptoms can include:

  • nightmares or flashbacks
  • intense fear of dogs
  • sleep problems
  • irritability or trouble concentrating
  • avoiding places that bring back the attack

Adults can be affected too, sometimes for a long time. Counseling and trauma-focused therapy can be an important part of recovery, and the cost of that care can be part of a claim.

Evidence Checklist for a Dog Bite Claim

A strong claim starts with early, thorough documentation. Gather as much of the following as you can.

Medical Documentation

  • Emergency room and urgent care records describing the bite, body parts affected, and recommended treatment
  • Records from primary care physicians and specialists (plastic surgeon, neurologist, infectious disease doctor, psychologist)
  • Physical therapy and occupational therapy records
  • Photographs tracking healing, infection, scarring, or range-of-motion limits over time
  • All prescription records and receipts for medications
  • Bills and payment records for all medical treatment

Scene and Dog Information

  • Photos or video of the dog, the location, any broken fence or gate, lack of leash, warning signs, and blood on the ground or surrounding area
  • Owner’s name, address, phone number, email, and insurance information
  • Any proof or statements about the dog’s rabies vaccinations
  • Copies or screenshots of prior complaints, text messages, emails, or social media posts referencing the dog’s aggression, prior bites, or warnings

Official Reports and Records

  • Animal control or health department bite report and any quarantine or rabies observation documentation
  • Police reports if officers came to the scene
  • Incident reports from landlords, property managers, employers, or businesses where the bite occurred
  • Records of prior complaints or dangerous dog proceedings involving the same animal

Witness and Impact Evidence

  • Written or recorded statements and contact information for witnesses who saw the attack or know about the dog’s past behavior
  • Documentation of lost wages, missed school, and out-of-pocket costs (medications, travel to medical appointments, therapy)
  • Pain and symptom diaries tracking daily suffering, limitations, and emotional distress
  • Notes from mental health providers describing PTSD, anxiety, or depression

Physical Evidence

  • Damaged or bloody clothing
  • Torn personal items
  • Any other physical evidence from the scene

Learn more about Dog Bite Cases in New York:

Who May Be Liable Beyond the Dog Owner

More than one person or business may share responsibility for a serious bite. It depends on who knew about the risk and who had control over the dog or the property. Identifying everyone involved can affect how much insurance coverage is available.

Landlords and property owners. A landlord may share responsibility if they knew, or should have known, that a tenant’s dog was dangerous, could have removed or confined it, and didn’t. Complaints the landlord received, aggressive behavior they saw, or a lease clause allowing them to ban dangerous animals may all be relevant.

Property managers, HOAs, and security companies. Those who control common areas may share responsibility if they ignored reports of a threatening dog in hallways, lobbies, or other shared spaces. This comes up most often in apartment buildings, condominiums, and gated communities.

Employers and businesses. When a dog is part of a business, such as a store’s guard dog or a dog an employee brings to work, the business may be responsible if its negligence contributed to the attack.

The dog bite lawyers at the Porter Law Group investigate to find everyone who may be responsible. That includes talking with neighbors and witnesses who may know how the dog behaved before, and reviewing every insurance policy that may apply.

FAQ

Do I Have to Prove the Dog Had Bitten Someone Before?

No, not for a negligence claim. Since the Court of Appeals’ April 2025 ruling, you can claim the owner failed to use reasonable care in controlling the dog, even if the dog had never shown aggression. Inadequate leashing, fencing, restraint, or supervision may support that kind of claim.

A dog’s history still matters. Evidence that it had bitten or threatened people before can support a strict liability claim, which depends on what the owner knew or should have known. It can also matter if the dog has been found dangerous under Agriculture and Markets Law 123. Which claims fit your case depends on the facts.

Can I File a Claim if the Bite Happened on Private Property?

Yes. A claim can arise from a bite in someone’s home, an apartment building, a private yard, or a business. The questions usually center on how the owner or another responsible party handled the dog. Your reason for being there may also matter: for example, whether you were a guest, a tenant, a customer, or a worker.

In apartment buildings and other shared properties, a landlord or property owner may also be responsible. That is most likely if they knew the dog was dangerous and didn’t take reasonable steps, such as enforcing pet rules or having the dog removed. The property’s insurance can be an important source of coverage in a serious injury case.

What If the Dog Owner Says It Was My Fault?

Being partly at fault doesn’t automatically end your claim. Under New York’s comparative fault rule, CPLR 1411, any compensation is reduced by your share of responsibility rather than barred.

Owners and insurers sometimes argue that the injured person provoked the dog, ignored warnings, or was trespassing. The dangerous dog statute treats a dog’s behavior as justified in specific situations. These include when the injured person was tormenting, abusing, or assaulting the dog, or was committing a crime against the owner. They also include when the dog was reacting to pain or protecting itself or its household.

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

In most dog bite cases you have three years from the date of the attack to file a lawsuit, under CPLR 214(5).

Claims against a public body, such as a municipal housing authority, have much shorter deadlines. You usually must file a notice of claim within 90 days under General Municipal Law 50-e. The lawsuit itself generally must be filed within one year and 90 days under General Municipal Law 50-i.

Some rules change these deadlines. When the injured person is a minor, CPLR 208 generally pauses the clock. When a bite causes a death, the personal representative of the estate generally has two years from the death to file under EPTL 5-4.1. Missing a deadline can bar a claim entirely, so it helps to get advice early.

What Compensation Can Cover After a Serious Dog Attack?

What a claim can include depends on how serious the injuries are and how they affect your life.

In a negligence or strict liability case, damages may include medical and rehabilitation costs. That can mean emergency care, hospital stays, and surgery, including reconstructive and plastic surgery. It can also mean infection treatment, physical and occupational therapy, medication, and mental health care for PTSD or anxiety. Both past bills and future care you are expected to need can be part of the claim.

A claim may also cover time missed from work, reduced hours, and a long-term loss of earning ability when an injury causes lasting limits. Pain and suffering can include physical pain, scarring, disfigurement, chronic nerve pain, sleep problems, emotional trauma, and losing the ability to enjoy hobbies, family life, or social activities.

In the most serious cases, a claim may also account for long-term psychological treatment, assistive devices, and how a permanent disability affects daily independence. No attorney can promise a particular result. What a claim may be worth depends on the facts and the medical evidence.

Suffering From A Dog Bite In New York?

Reach out to our experienced team for a free consultation and explore your options for compensation.

Contact a Dog Bite Lawyer in New York

A New York dog bite lawyer can investigate the attack and get the medical and government records. A lawyer can also look at whether a landlord, property owner, or employer shares responsibility, and make sure every filing deadline is met.

Porter Law Group handles dog bite cases on a contingency fee basis. You pay nothing unless we win your case. When you contact us, we’ll explain the legal issues to you and your family and begin building your case right away.

Call 833-PORTER9 or email info@porterlawteam.com for a free, no-obligation consultation.

This article is for informational and educational purposes only. It is not a substitute for medical advice from a qualified healthcare provider or legal advice based on your specific circumstances.

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