If you or a family member have been injured by a German Shepherd dog bite in New York, you may have a case to recover compensation. At The Porter Law Group, we understand the physical and emotional trauma caused by dog bites, particularly from powerful working breeds like German Shepherds whose 238 PSI bite force and protective instincts can cause severe penetrating injuries, nerve damage, and psychological trauma.
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Our experienced lawyers are committed to holding the dog's owner accountable for your injuries and securing compensation for your pain and suffering, disfigurement, emotional distress, and other economic losses. Following the landmark 2025 Flanders v. Goodfellow decision, New York victims can now pursue negligence claims even when a dog has no prior bite history, significantly expanding your legal options for recovery.
Call us to discuss your case. We operate on a no-fee basis, you only pay if we win. Our approach ensures that our services are accessible to those who need them most, without the burden of upfront costs.
Taking immediate action following a German Shepherd attack is critical for both your medical recovery and legal claim. German Shepherd bites are particularly serious due to the breed's 238 PSI bite force, protective training background, and tendency to inflict penetrating injuries that deeply affect muscle, connective tissue, and nerves. Follow these steps to protect your health and preserve your legal rights.
Seek Emergency Medical Attention Immediately
German Shepherd bites require urgent medical evaluation due to the risk of deep puncture wounds, nerve damage, severe infections, and tissue destruction. Go to the nearest emergency room or call 911 if you experience:
German Shepherds have been trained for police and military work in many cases, meaning some have been conditioned to bite and hold, potentially increasing injury severity. Their bite force of approximately 238 PSI is sufficient to cause deep puncture wounds, nerve damage, and tissue destruction that requires immediate professional evaluation.
Document Your Injuries Thoroughly
Before medical providers clean and dress your wounds, take clear, well-lit photographs of all visible injuries from multiple angles (front, side, close-up). These images provide crucial evidence of injury severity and may be the only record of the initial trauma.
Continue photographing your injuries daily to document:
Obtain complete medical records from all healthcare providers, including:
Understand Infection Risks
German Shepherd attacks often result in penetrating injuries that are particularly prone to severe infection when targeting vulnerable areas like the neck, face, and hands. Dog bite infection rates range from 5-25% overall, with higher rates for deep wounds and hand injuries (18-36%). On average, a dog bite wound contains 2-5 different species of bacteria. Watch for signs of infection including increased pain, redness, swelling, fever, or red streaks extending from the bite, and seek immediate medical attention if these develop.
Start a Pain and Symptom Journal
Document your daily pain levels, symptoms, sleep disturbance, nightmares, anxiety, limited movement, and missed work or activities. This record supports claims for pain and suffering, PTSD, and loss of enjoyment of life.
File Official Reports Within 24 Hours
New York law requires immediate reporting of animal bites to protect public health and create official documentation for legal claims.
In New York City: Report all animal bites within 24 hours through the NYC Health Department's online reporting page at portal.311.nyc.gov or by calling 311. This mandatory requirement under NYC Health Code § 11.03 applies to every bite incident, regardless of severity. Save a screenshot of your submission confirmation.
Outside New York City: Report the bite to your county health department immediately. Find contact information at health.ny.gov. Most counties require reporting within 24 to 48 hours.
File a Police Report: Contact your local police department to create an official record. Request a copy of the full police report or case number, as this serves as independent corroboration of the attack and crucial evidence for legal proceedings.
Contact Animal Control: File a formal complaint with your local animal control agency. Provide details about the owner (if known), the dog's breed and appearance, circumstances of the attack, and your medical documentation. Animal control will investigate whether the dog needs a dangerous dog designation and mandatory 10-day rabies observation.
Gather Owner Information
If possible, obtain the dog owner's:
If the owner refuses to provide information, inform authorities immediately. The owner's refusal can strengthen your legal claim and may result in additional penalties.
Photograph the Scene Comprehensively
Take detailed photographs of:
Gather Comprehensive Witness Information
Collect names and contact information of anyone who:
Ask witnesses to provide written or recorded statements while the memory is fresh. These statements become powerful evidence in settlement negotiations or litigation.
German Shepherds used in police or security work may have documented training records. If the dog had professional training, request information about what commands the dog knows and whether it was trained to bite and hold.
Preserve Physical Evidence
Keep all damaged clothing, torn personal items, and any other physical evidence in a safe place. Do not wash or throw away anything related to the attack, as lawyers may request these items to demonstrate the severity of the incident.
Research the Dog's History
Contact local animal control to determine if the dog has:
This history proves crucial for establishing strict liability under the one-bite rule.
Avoid Social Media Posts
Do not post about the incident on social media or discuss the case publicly. Insurance companies and defense attorneys routinely monitor social media accounts and will use your posts to minimize or deny your claim.
Consult an Attorney Promptly
Contact The Porter Law Group as soon as possible. The three-year statute of limitations for personal injury lawsuits in New York may seem like a long time, but critical evidence such as surveillance footage, witness memories, and animal control records can disappear quickly. Early legal involvement protects your rights and maximizes your potential recovery.
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The German Shepherd breed was developed in the late 19th century by Max von Stephanitz, a former captain in the German cavalry with a goal to create a German herding dog that could excel in both intelligence and athleticism.
The German Shepherd's initial role was herding and protecting sheep in Germany. Their intelligence, trainability, and physical capabilities quickly made them valuable for other purposes. During World War I and II, German Shepherds served in various capacities, including as messengers, rescue dogs, sentries, and in law enforcement. Their bravery and versatility were highly regarded by military forces worldwide.
Today, German Shepherds remain one of the most popular breeds for police work, military service, search and rescue, and personal protection. This working background means many German Shepherds have been professionally trained to bite and hold suspects or threats, which can significantly increase injury severity when attacks occur.
Intelligence: German Shepherds are known for their high intelligence, ranking among the smartest dog breeds. This makes them easy to train but also capable of independent decision-making. Their intelligence means they can quickly learn both desirable and undesirable behaviors, making consistent training essential.
Strength and Agility: They possess significant strength and agility, which can contribute to the severity of a bite. Adult German Shepherds typically weigh 50-90 pounds and stand 22-26 inches tall at the shoulder. Their athletic build and powerful musculature enable them to knock down victims, hold them, and inflict serious injuries.
Bite Force: German Shepherds have a bite force of approximately 238 PSI. While not as powerful as mastiff breeds or Rottweilers (328 PSI), their bite is sufficient to cause deep puncture wounds, nerve damage, and tissue destruction. The penetrating nature of their bites often deeply affects muscle and connective tissue.
Loyalty and Protective Nature: Their loyalty makes them excellent family pets, but their protective instinct can lead to aggressive behavior if not properly managed. German Shepherds often bond strongly with their families and may perceive strangers, delivery workers, or visitors as threats requiring defensive action.
Energy Levels: High energy levels require regular exercise and mental stimulation to prevent frustration and potential aggression. Inadequately exercised German Shepherds may develop behavioral problems including territorial aggression, anxiety, and heightened reactivity.
Training Background: Many German Shepherds have received professional training for police work, military service, personal protection, or security. This training often includes bite work, teaching the dog to bite on command and hold until released. While this makes them effective working dogs, it also means some German Shepherds have been conditioned to bite and hold, potentially increasing injury severity in attacks.
German Shepherds are known for their intelligence, making them highly trainable. This trait is a double-edged sword, as it requires consistent training and socialization throughout the dog's life.
Loyalty and Protectiveness: They are extremely loyal to their family, often forming a strong bond with one person in particular. This loyalty can sometimes translate into overprotectiveness, leading to aggressive behavior in certain situations. German Shepherds may interpret innocent actions (approaching their owner, entering their territory, making sudden movements) as threats requiring defensive intervention.
Activity Requirements: They require regular exercise and mental stimulation. Lack of activity can lead to frustration and potentially aggressive behavior. A bored or under-exercised German Shepherd may become anxious, reactive, and prone to territorial or protective aggression.
Sensitivity: German Shepherds are sensitive dogs. They do not respond well to harsh training methods or neglect. Abusive treatment or inadequate socialization can result in fear-based aggression or defensive biting.
Working Drive: Their breeding as working dogs means they need a job or purpose. Without appropriate outlets for their intelligence and energy, they may create their own "jobs," such as aggressively guarding their property or family.
While German Shepherds are not inherently aggressive, their temperament, training background, and protective instincts can lead to aggressive behavior if not properly trained and socialized. Factors such as genetics, training, environment, and socialization play a significant role in shaping their behavior.
Contributing Factors to Aggression:
It's crucial for owners to understand the importance of early socialization and proper training to prevent any aggressive tendencies. German Shepherds require experienced handlers who understand the breed's working background and can provide consistent leadership, boundaries, and appropriate outlets for their intelligence and energy.
According to the Centers for Disease Control and Prevention (CDC), approximately 4.5 million dog bites occur in the United States each year. More than 800,000 of these bites require medical attention due to their severity. Approximately 337,000 emergency department visits occur annually for dog bites.
National Context:
New York City Statistics: Between 2015 and 2023, New York City's Department of Health and Mental Hygiene documented 29,992 self-reported dog bite incidents, an average of 3,332 bites per year. Dog bite injury rates increased 14% between 2018 and 2023.
German Shepherd-Specific Statistics:
German Shepherds are the most frequently involved of major breeds in documented attacks. National data shows German Shepherds were responsible for 113 attacks resulting in bodily harm, with 65 child victims and 41 adult victims, resulting in 15 deaths and 73 maimings. German Shepherds account for approximately 4.6% of fatal dog attacks nationally, ranking third behind pit bulls and Rottweilers.
In a 2021 report, German Shepherds were involved in 20 deaths, representing 4.6% of all fatal dog bite incidents. Studies at Level I Trauma Centers found that German Shepherds inflicted the highest prevalence of injuries at 23.5%, followed by pit bulls at 17.6%.
Injury Severity:
German Shepherd attacks often result in penetrating injuries that can deeply affect muscle and connective tissue, with wounds particularly prone to severe infection when targeting vulnerable areas like the neck, face, and hands. Their training background, particularly in police and military work, means some German Shepherds have been conditioned to bite and hold, potentially increasing injury severity compared to dogs that bite and release.
Despite these figures, German Shepherds are not classified as Potentially Dangerous Dogs (PDD) under New York law and maintain a strong reputation, particularly due to their effectiveness as police and military working dogs. As guard dogs, German Shepherds are instinctively inclined to manage their "flock," and misunderstandings of their behavior and protective signals can lead to unfortunate incidents.
Dog bite injuries from German Shepherds can vary significantly in severity due to the breed's 238 PSI bite force, athletic build, and training background. Understanding the types of injuries helps victims and medical professionals assess the seriousness of the attack and determine appropriate treatment.
Nips and Scratches: Minor injuries that may not break the skin but can still transmit bacteria. Even seemingly minor scratches from a dog's teeth or claws qualify as legally compensable injuries under New York law, particularly if the dog is a carrier of rabies or another zoonotic disease.
Puncture Wounds: The most common dog bite injury (47% of cases), puncture wounds occur when teeth penetrate deeply into the skin. German Shepherds with their 238 PSI bite force can drive teeth deep into flesh, creating wounds that risk serious infection despite small surface appearance. These wounds may look minor but can damage tissue, muscles, tendons, nerves, and blood vessels below the surface.
Lacerations: Accounting for 36% of dog bite injuries, lacerations are tears in the skin that can be deep enough to damage muscles, blood vessels, and nerves. German Shepherds often cause extensive lacerations when they shake their heads while biting, creating tearing injuries beyond initial puncture sites.
Crush Injuries: Occur when a dog bites and doesn't let go, potentially damaging muscles, bones, and nerves. German Shepherds trained in bite work may hold their bite for extended periods, causing crushing injuries and extensive tissue damage.
Nerve Damage: German Shepherd bites frequently cause nerve injuries ranging from temporary numbness (neuropraxia) to complete nerve severance (transection). Nerve damage causes ongoing pain, numbness, tingling sensations, and loss of fine motor control. High-PSI bites can crush or sever nerves, causing chronic pain or permanent loss of function in affected areas.
Rabies and Other Infections: Bites can transmit diseases, making medical attention crucial. Infection rates for dog bites range from 5-25%, with higher rates in deep wounds and hand injuries (18-36%). German Shepherd bites, being penetrating in nature, carry elevated infection risk. If left untreated, infections can lead to cellulitis, sepsis, osteomyelitis, tetanus, and rabies.
New York operates under a mixed liability system that has been significantly expanded following the 2025 Flanders v. Goodfellow decision. German Shepherd bite victims now have multiple pathways to pursue compensation, even when the dog has no prior history of aggression.
Three Legal Theories of Liability:
1. Strict Liability for Medical Costs Under the Dangerous Dog Statute: New York Agriculture & Markets Law § 123 imposes strict liability on the owner of a dog that has been officially declared "dangerous" by authorities, making the owner automatically responsible for all medical and veterinary costs resulting from a bite or attack. However, strict liability under this statute is limited to medical costs only. To recover additional damages such as pain and suffering, lost wages, or scarring, victims must prove negligence or the owner's knowledge of vicious propensities.
2. Strict Liability Based on Vicious Propensities (The One-Bite Rule): Under New York's traditional one-bite rule, a dog owner can be held strictly liable for all damages if the victim proves that the dog had "vicious propensities" and that the owner knew or should have known about those propensities. Evidence can include prior bites, growling, snapping, lunging, chasing, or excessive territorial behavior.
3. Negligence Claims (NEW as of April 2025): The landmark Flanders v. Goodfellow decision allows victims to pursue ordinary negligence claims against dog owners, even if the dog had no prior history of aggression. Under this standard, courts examine whether the owner acted reasonably by considering proper leashing and restraint, adequate fencing, compliance with leash laws, appropriate supervision, and reasonable steps to prevent foreseeable harm.
Victims of dog bites should report the incident to local authorities and have the right to take legal action to seek compensation for their injuries.
Understanding when a German Shepherd owner can be held liable is crucial for victims seeking compensation. New York law provides multiple pathways to establish liability, each with different requirements and evidentiary standards.
Under New York's one-bite rule, a German Shepherd owner can be held strictly liable for all damages, including pain and suffering, lost wages, scarring, and emotional distress, if the victim proves two critical elements: (1) the dog had "vicious propensities," and (2) the owner knew or should have known about those propensities.
What Qualifies as Vicious Propensities
"Vicious propensities" is broadly defined under New York law to include any behavior that might endanger the safety of persons or property, even if the dog is not violent or ferocious. For German Shepherds, courts have recognized the following as evidence of vicious propensities:
Prior Bites or Attacks: Any documented history of biting people or animals, regardless of the severity of the injury, establishes vicious propensities. This includes bites that occurred during play, training, or defensive situations.
Aggressive Displays: Growling, snarling, baring teeth at strangers, lunging at people even while leashed, snapping at people without making contact, and excessive barking accompanied by threatening body language all demonstrate dangerous tendencies.
Chasing Behavior: German Shepherds that chase people, bicycles, cars, or other animals demonstrate a dangerous propensity that can lead to attacks. This behavior is particularly concerning given the breed's speed and athletic ability.
Territorial Aggression: Excessive territorial behavior on the owner's property, such as charging fences, aggressive displays toward passersby, or attempts to prevent people from entering or leaving, can establish vicious propensities.
Protection Training: If a German Shepherd has received professional protection or bite training, this can be used as evidence that the dog has been taught to bite and may have enhanced dangerous propensities. Training records and certifications can be crucial evidence.
Prior Complaints: Any complaints filed with animal control, landlords, building management, or police about the dog's aggressive behavior help establish both vicious propensities and owner knowledge.
How Victims Prove Owner Knowledge
Once vicious propensities are established, victims must prove the owner knew or should have known about them. Evidence of owner knowledge includes:
Actual Knowledge: Direct evidence that the owner witnessed the dog's aggressive behavior, received complaints about the dog, was warned by veterinarians or trainers about behavioral issues, or acknowledged the dog's aggressive tendencies in statements or admissions.
Constructive Knowledge: Circumstances that should have alerted a reasonable owner to dangerous propensities, such as the dog's breed and training background (particularly police or protection training), obvious aggressive displays that the owner should have observed, patterns of behavior that any reasonable owner would recognize as dangerous, or the owner's decision to use warning signs like "Beware of Dog."
Owner's Statements: Any statements by the owner acknowledging the dog's aggressive tendencies can be powerful evidence. This includes admissions like "He doesn't like strangers," "Keep your distance," or "She's very protective." Even warning the victim to be careful can demonstrate owner knowledge.
Under the 2025 Flanders negligence standard, German Shepherd owners can be held liable even when the dog has no prior history of aggression or biting. The critical question is whether the owner failed to use reasonable care to prevent the bite, regardless of the dog's past behavior.
Elements of Negligence
To establish negligence, victims must prove:
Duty of Care: The dog owner owed the victim a duty to exercise reasonable care in controlling the German Shepherd. This duty exists whenever the owner's actions (or inactions) create a foreseeable risk of harm to others.
Breach of Duty: The owner failed to exercise reasonable care under the circumstances. Courts examine the totality of the situation, including the dog's size, strength, training background, and the setting in which the incident occurred.
Causation: The owner's breach directly caused the victim's injuries. There must be a clear link between the owner's negligent conduct and the attack.
Damages: The victim suffered actual injuries and losses as a result of the attack.
Common Examples of Negligent Handling
German Shepherd owners may be found negligent when they:
Violate Leash Laws: Allowing a German Shepherd to be off-leash in violation of local leash ordinances demonstrates negligence per se (for state law violations) or evidence of negligence (for local ordinance violations). In New York City, dogs must be restrained by a leash no longer than six feet in public spaces.
Inadequate Restraint: Using an inadequate leash, collar, or harness that cannot control a 50-90 pound German Shepherd, failing to maintain proper hold on the leash, or allowing the dog to pull, lunge, or approach strangers without control.
Poor Fencing and Containment: Failing to maintain secure fencing, leaving gates open or unlocked, ignoring broken or damaged containment systems, or allowing the dog to escape from the property.
Lack of Supervision: Leaving a German Shepherd unsupervised in areas accessible to the public, failing to supervise the dog around children or vulnerable individuals, or allowing the dog to roam freely in common areas of apartment buildings.
Ignoring Warning Signs: Failing to respond appropriately when the dog displays emerging aggression such as growling at strangers, lunging on walks, or excessive territorial behavior. A reasonable owner should recognize these warning signs and take corrective action.
Failure to Warn: Not warning visitors, delivery workers, or others about the dog's presence, particularly when the German Shepherd has protective or territorial tendencies. Owners should post visible warning signs and verbally warn people entering their property.
Bringing Untrained Dogs to Public Spaces: Taking a German Shepherd with inadequate training or socialization into crowded public areas, dog parks, or situations where the dog may feel threatened or protective.
Why Negligence Claims Are Valuable for German Shepherd Cases
The negligence pathway is particularly important for German Shepherd attacks because:
First-Bite Victims Have Legal Options: Victims no longer face the insurmountable barrier of proving prior dangerous behavior when the dog has no documented history. If the owner was careless in controlling the dog, liability attaches regardless of the dog's past.
Working Dog Background Creates Duty: German Shepherds bred and trained for protection, police work, or guarding carry inherent risks that reasonable owners should recognize and manage. Owners who fail to account for their German Shepherd's size, strength, and protective instincts may be negligent even without prior incidents.
Police and Protection Dogs: German Shepherds with professional bite training pose enhanced risks. Owners who fail to disclose this training, maintain appropriate control, or prevent situations where the dog might deploy its training may face negligence liability.
Comparative Negligence Defense: Even when victims share some fault (such as approaching the dog without permission), New York's comparative negligence rules allow recovery as long as the victim is not primarily at fault. This means victims can still recover substantial compensation even if they contributed to the incident.
Yes, you can absolutely sue for a dog bite in New York even if it was the dog's first time biting someone. The 2025 Flanders v. Goodfellow decision fundamentally changed New York law by introducing negligence-based liability for dog bites, eliminating the need to prove the dog had a prior bite history in many cases.
Multiple Pathways to Recovery
New York now offers three distinct legal theories for dog bite victims:
Negligence (New Standard): Under the Flanders decision, you can pursue compensation by proving the dog owner failed to exercise reasonable care in controlling the dog, regardless of whether the dog ever bit anyone before. This pathway focuses on the owner's conduct, not the dog's history.
Examples of negligence include:
Strict Liability for Non-Bite Dangerous Behaviors: Even without a prior bite, you may establish strict liability if the dog exhibited other dangerous behaviors that the owner knew about, such as aggressive lunging at people, chasing bicyclists or joggers, excessive territorial aggression, jumping on people with enough force to knock them down, or growling and snapping at strangers.
Dangerous Dog Designation: If the German Shepherd's attack on you results in a formal dangerous dog designation under Agriculture & Markets Law § 123, the owner becomes strictly liable for all medical costs from that point forward, regardless of prior history.
Why First-Bite Victims Previously Struggled
For decades, New York's restrictive interpretation of the one-bite rule meant that first-time bite victims often could not recover compensation. The prevailing view was that "the first person to get bitten by a dog is out of luck" unless they could prove the dog had exhibited other aggressive behaviors that the owner knew about.
The Flanders decision rejected this harsh outcome and aligned New York with the majority of other states that recognize negligence-based liability for dog attacks.
Practical Steps for First-Bite Victims
If you are the first person a German Shepherd has bitten:
The fact that the dog never bit anyone before does not bar your claim. The focus is on whether the owner acted reasonably to prevent foreseeable harm, and German Shepherds' size, strength, and protective instincts create foreseeable risks that owners must manage responsibly.
The average settlement for a German Shepherd bite in New York reflects the state's status as having the highest dog bite claim costs in the nation. New York leads with an average dog bite claim cost of $110,488 in 2024, significantly higher than the national average.
Settlement Ranges in New York
Settlement values for German Shepherd bites typically range from:
Factors Affecting German Shepherd Bite Settlements
German Shepherd attacks often result in higher-than-average settlements due to several breed-specific factors:
Injury Severity: Studies at Level I Trauma Centers found that German Shepherds inflicted the highest prevalence of injuries at 23.5%, followed by pit bulls at 17.6%. The breed's 238 PSI bite force causes deep puncture wounds, nerve damage, and penetrating injuries that deeply affect muscle and connective tissue.
Infection Risk: German Shepherd bites are particularly prone to severe infection when targeting vulnerable areas like the neck, face, and hands. Infection complications can increase medical costs substantially and lead to prolonged treatment, hospitalization, and additional surgeries.
Nerve Damage: The penetrating nature of German Shepherd bites frequently causes nerve injuries ranging from temporary numbness to complete nerve severance. Nerve damage requires specialized microsurgical repair ($10,000-$40,000) and may result in permanent loss of sensation, chronic pain, or loss of fine motor skills, significantly increasing settlement values.
Training Background: If the German Shepherd had professional protection, police, or military bite training, this increases both the severity of injuries and the owner's liability. Trained dogs often bite and hold for extended periods, causing more extensive tissue damage than untrained dogs that bite and release.
Permanent Scarring: Visible scars, particularly on the face and neck, result in substantially higher compensation. Facial reconstruction costs range from $15,000 to $100,000+ and often requires multiple procedures over several years.
Psychological Trauma: German Shepherd attacks frequently cause PTSD, anxiety, and depression, especially in children. Studies show PTSD is one of the most frequently reported psychological consequences in dog bite victims, adding substantial non-economic damages to settlements.
Notable Settlement Examples
While specific German Shepherd settlements are not always publicly disclosed, settlements involving large, powerful breeds demonstrate the potential compensation available:
Economic vs. Non-Economic Damages
Settlements include both economic and non-economic damages:
Economic Damages:
Non-Economic Damages:
How The Porter Law Group Maximizes Settlements
You should note, however, that these are merely estimates. Settlements vary from a case to case basis, and there are factors that can affect the amount that you may be able to negotiate. There are no fixed sums, and having a good personal injury lawyer can help you maximize recover to cover all your medical bills and losses.
No, German Shepherds are not considered a "vicious breed" under New York law. New York does not maintain breed-specific legislation that automatically classifies any breed as dangerous or vicious. Instead, New York follows a breed-neutral approach that evaluates each dog individually based on its behavior and history, not its breed.
New York's Breed-Neutral Legal Framework
Under New York Agriculture & Markets Law § 108(24), a dog becomes legally "dangerous" only through an official adjudication process based on the individual dog's behavior, not its breed. The dangerous dog designation requires clear and convincing evidence that the specific dog either attacked without justification causing injury or death, or behaved in a manner that a reasonable person would believe poses a serious threat of serious physical injury or death.
This means:
Why Breed-Neutral Law Matters for German Shepherds
German Shepherds benefit significantly from New York's breed-neutral approach:
No Automatic Restrictions: German Shepherds do not face automatic restrictions, mandatory insurance requirements, or housing discrimination based solely on breed classification.
Insurance Coverage Protected: New York Insurance Law § 3421 prohibits insurers from refusing coverage or charging increased premiums based solely on dog breed. This means German Shepherd owners can typically obtain homeowner's insurance coverage, ensuring compensation is available for victims.
Reputation Preserved: German Shepherds maintain their strong reputation as police, military, and service dogs. The breed's intelligence, trainability, and effectiveness in working roles are recognized and valued rather than stigmatized.
Individual Assessment: Dangerous behavior triggers liability, not breed membership. This creates a fair system where responsible German Shepherd owners are not penalized for others' negligent handling of aggressive dogs.
How German Shepherds Can Become "Dangerous"
While not automatically dangerous, individual German Shepherds can receive a dangerous dog designation if they:
The designation requires a formal judicial hearing where authorities must present clear and convincing evidence. The owner has the right to defend against the designation and can appeal within 30 days.
National Statistics and Breed Perception
German Shepherds rank third nationally in fatal dog attacks (4.6% of fatalities), behind pit bulls and Rottweilers. Studies at Level I Trauma Centers found German Shepherds inflicted the highest prevalence of injuries at 23.5%. These statistics reflect the breed's size, strength, and protective instincts, but do not automatically classify individual German Shepherds as vicious under New York law.
Practical Implications for Victims
If you were attacked by a German Shepherd in New York:
Protection Training and Working Dogs
While breed alone does not create dangerous classification, individual German Shepherds with professional protection, police, or military bite training may pose enhanced risks. This training history can be used as evidence in both dangerous dog proceedings and civil liability claims to show the dog had been taught to bite and hold, increasing the foreseeability of attacks and the owner's duty to maintain control.
In New York City and throughout New York State, you generally have three years from the date of the dog bite to file a personal injury lawsuit against the dog owner. This deadline is established under New York Civil Practice Law and Rules (CPLR) § 214(5).
The Three-Year Statute of Limitations
The three-year statute of limitations applies to most dog bite claims seeking compensation for:
The clock begins running on the date the dog bite occurred, not when you discovered the full extent of your injuries or when medical treatment was completed.
Critical Exception: Claims Against Public Entities
If the dog that attacked you was owned by a public entity or the attack occurred on public property (such as municipal housing, city parks, or government facilities), you face much shorter notice requirements:
90-Day Notice of Claim: You must typically file a notice of claim within 90 days of the attack. This formal written notice must be served on the appropriate government entity and include specific information about the incident, injuries, and damages.
One Year and 90 Days to File Lawsuit: After filing the notice of claim, you generally have one year and 90 days from the date of the attack to file the actual lawsuit.
Missing the 90-day notice requirement can permanently destroy your case against a public entity, even if you have strong evidence and serious injuries.
Limited Exceptions That Can Extend the Deadline
Certain circumstances can extend or modify the filing period:
Minors: If the victim is under 18 years old, the three-year statute of limitations generally does not begin running until the victim turns 18. This gives the victim until their 21st birthday to file a lawsuit. However, notice of claim requirements against public entities still apply regardless of the victim's age.
Mental Incapacity: If the victim was legally incapacitated at the time of the attack, the statute of limitations may be tolled (paused) until the incapacity is removed.
Wrongful Death: If the dog attack results in death, the estate's wrongful death claim generally has a two-year limitation period from the date of death.
Discovery Rule: In rare cases where the full extent of injuries was not immediately discoverable, courts may apply a discovery rule. However, this is very difficult to establish in dog bite cases where the attack and immediate injuries are obvious.
Why Prompt Action Is Critical
Despite having three years to file a lawsuit, victims should contact an attorney immediately after a dog bite for several important reasons:
Evidence Disappears: Surveillance footage may be erased or recorded over within days or weeks. Witness memories fade quickly. Physical evidence like damaged fencing or broken gates may be repaired. Animal control records and complaint histories can become harder to obtain over time.
24-Hour Reporting Requirements: NYC Health Code § 11.03 requires all animal bites to be reported within 24 hours of the incident. This reporting triggers the mandatory 10-day rabies observation period and creates official documentation crucial for your legal claim. Missing this deadline can weaken your case and expose you to health risks.
Medical Documentation: Thorough medical documentation must begin immediately. Photographs of injuries taken before treatment provide crucial evidence that cannot be recreated later. Delayed medical treatment gives insurance companies ammunition to argue your injuries were not serious.
Statute of Limitations Mistakes: Many victims mistakenly believe they have plenty of time and delay consultation, only to discover they missed the 90-day notice requirement for claims against public entities or that critical evidence has disappeared. Insurance companies and defense attorneys know these deadlines and use them strategically to defeat claims.
Owner May Move or Change Insurance: Dog owners may move, sell their property, cancel insurance policies, or file for bankruptcy. Identifying all potentially liable parties and available insurance coverage early protects your ability to recover compensation.
Negotiation Advantage: Early legal involvement gives your attorney more time to investigate, gather evidence, and negotiate with insurance companies. Claims filed shortly after an attack, with comprehensive evidence and documentation, typically result in higher settlements than claims filed years later with incomplete evidence.
What to Do Immediately
If a German Shepherd bit you in New York City:
Do not wait to see how your injuries progress or whether the owner will cooperate. The sooner you involve an attorney, the stronger your case becomes and the more likely you are to recover maximum compensation.
Bitten by a German Shepherd in New York?
Reach out to our legal team to know your options (free and non-obligatory).
If you or your loved ones have experienced a traumatic incident involving a German Shepherd dog bite in New York, it's crucial to seek the right legal support. At The Porter Law Group, we specialize in handling cases specifically related to dog bite injuries, including those involving German Shepherds. Our experienced attorneys understand the unique challenges and legal nuances of these cases, particularly the severe penetrating injuries, nerve damage, and psychological trauma that German Shepherd attacks often cause.
Following the 2025 Flanders v. Goodfellow decision, New York victims have expanded legal rights to pursue compensation through negligence claims even when dogs have no prior bite history. We understand both the traditional strict liability framework and the new negligence standard, giving us multiple strategic paths to secure compensation for your injuries.
Contact The Porter Law Group at 833-PORTER9 or email us at info@porterlawteam.com. Our team is dedicated to supporting and representing you in your time of need.
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