The starting point for liability is almost always the dog's owner or the person who had legal custody or control of the dog at the time of the bite. New York's Agriculture & Markets Law § 123(10) establishes that the owner or lawful custodian of a dog that has been officially adjudicated "dangerous" is strictly liable for medical costs resulting from injuries that dog causes.
Strict liability in this context means the victim does not need to prove the owner was careless. The dog's prior legal status does the work.
Outside of the formal dangerous-dog designation, New York courts have long applied what is called the "vicious propensities" rule. Under this standard, an owner can be held strictly liable for all damages, not just medical costs, if they knew or should have known the dog had a tendency to cause harm.
Then, in 2025, the New York Court of Appeals issued its decision in Flanders v. Goodfellow, which expanded liability further by allowing victims to bring negligence claims against dog owners even when the dog has no prior bites or documented aggression.
Injured in a Dog Bite Incident?
CONTACT USOur Recent Case Results
Settlement
Jury Verdict
Settlement
Settlement
Can You Be Liable If Your Dog Bites an Intruder
Agriculture & Markets Law § 123 explicitly provides defenses for owners when a dog bites someone who is trespassing, assaulting, or tormenting the dog, or when the dog acts in defense of its owner or the owner's property.
These statutory defenses can shield an owner from liability in circumstances where the bite was a direct response to provocation or unlawful entry.
That said, courts evaluate these defenses case by case. If the intruder posed no actual threat and the dog attacked unprovoked, or if the owner used the dog as a deliberate weapon, the defense becomes less reliable.
The defense is strongest when the dog responds to a genuine threat and the bite was proportionate to the circumstances. It is weakest when the attack was severe and the intruder posed little or no actual danger.
Provocation is a separate but related defense. If the person bitten was teasing, tormenting, or abusing the dog immediately before the bite, New York law provides that the owner may not be liable under certain provisions of the dangerous-dog statute. This defense, however, requires that the provocation be real and documented, not simply asserted.
Is a Landlord Responsible If a Tenant's Dog Bites Someone
Landlords are not automatically liable when a tenant's dog bites someone, but they can be under the right set of facts.
New York courts have consistently held that a landlord out of possession can be held responsible for a bite by a tenant's dog when three conditions are met:
- The landlord knew the dog was being kept on the property
- The landlord knew or should have known the dog had dangerous propensities
- The landlord had sufficient control over the premises to do something about it, such as through lease provisions allowing removal of dangerous animals or control over common areas.
If a dog with a known history of aggression regularly occupies those shared spaces and bites a resident or visitor there, the landlord's failure to address a known risk in an area they control can support a liability claim.
As this analysis of landlord liability in dog bite cases explains, courts have even extended this to bites occurring off the property when the landlord's failure to maintain fencing or secure gates allowed a known dangerous dog to escape.
Inside a tenant's private unit, landlord liability is more difficult to establish. The landlord's ability to enter, inspect, and take action is constrained by tenant privacy rights, and courts are reluctant to impose liability where the landlord had no realistic opportunity to address the risk.
What About Dog Walkers, Sitters, and Others Who Aren't the Owner
Anyone who has custody or control of a dog at the time of a bite is a potential defendant, not just the titled owner. New York's liability framework uses the concept of "harboring," which captures people who regularly care for, house, or exercise control over a dog without technically owning it.
A dog walker who lets a dog off-leash in a public area where leashing is required, a dog sitter who fails to secure a gate, a trainer who puts a dog in a situation the animal cannot handle, or a family member who regularly cares for an aggressive dog can all face liability under negligence or vicious propensity theories if they had notice of the dog's dangerous tendencies and failed to act accordingly.
The Animal Legal and Historical Center's analysis of dog bite liability notes that property managers and entities that knowingly keep dangerous dogs on premises they control can also fall within this category.
This matters practically because it affects which insurance policies come into play.
Homeowners' insurance, renters' insurance, and commercial general liability policies carried by property management companies can all potentially cover dog bite claims depending on who had control of the dog and where the bite occurred.
How Leash Laws and Local Rules Affect Who Is Liable
New York's Agriculture & Markets Law gives municipalities broad authority over dog licensing and control, and requires all dogs four months or older to be licensed.
The New York State Department of Agriculture and Markets oversees this framework, under which local governments add their own specific requirements.
In New York City, dogs in public must be on a leash no longer than six feet, must be licensed, and must have current rabies vaccinations.
Violations of these rules are not simply administrative infractions; they have direct legal significance in a bite case.
When an owner violates a safety-oriented law, such as a leash ordinance, and that violation contributes to a bite, the victim may be able to argue negligence per se.
This is a legal theory that treats the statutory violation itself as proof of negligence, removing the need to argue separately about whether the owner's behavior fell below a reasonable standard of care.
To illustrate: if an owner brings an unleashed dog into a park where leashing is legally required, the dog bites a child, and the owner knew the dog had previously lunged at strangers, the leash violation combined with the vicious propensity evidence creates a strong liability case.
Summary of Key Rules Affecting Dog Bite Liability in New York
| Rule | Governing Authority | Relevance to Liability |
| Dangerous dog adjudication | Agriculture & Markets Law § 123 | Strict liability for medical costs once dog is declared dangerous |
| Vicious propensities rule | New York common law | Strict liability for all damages if owner knew of prior aggression |
| Negligence after Flanders v. Goodfellow (2025) | NY Court of Appeals | Liability without prior bites if owner failed to exercise reasonable care |
| Leash law violations | Municipal codes / NYC Health Code | Evidence of negligence or negligence per se |
| Licensing and rabies vaccination | Agriculture & Markets Law / Public Health Law | Can support negligence claims when violation contributes to harm |
| Landlord liability | Common law notice and control standard | Liability when landlord knew of dangerous dog and had control to act |
What Defenses Can a Dog Owner or Landlord Raise
Provocation is the most commonly raised defense. Agriculture & Markets Law § 123 explicitly limits owner liability when the dog was being teased, tormented, or abused immediately before the bite.
Courts examine what the victim actually did in the moments leading up to the attack, not just what was claimed afterward.
Self-defense and defense of property are also codified in § 123. An owner is not liable under the dangerous-dog provisions when the dog acted to protect its owner, its owner's property, or another person from a perceived threat, or when the dog is a trained police or military dog performing official duties.
The key word is "perceived," meaning the dog does not need to have responded to an actual threat, but courts still scrutinize whether the dog's response was reasonable given the circumstances.
Trespass, as discussed earlier, limits liability for bites on private property when the injured person was unlawfully present.
This defense is more protective for adult trespassers than for children, and it does not apply when the owner deliberately uses the dog as a weapon against someone, even a trespasser.
Comparative negligence is also available as a partial defense under New York's pure comparative fault system. If the victim's own actions contributed to the bite, their recovery can be reduced proportionally. This might apply, for example, if a victim reached into a car to pet a dog they did not know, ignoring warning signs, and was bitten as a result.
What to Do Right After a Dog Bite
The steps taken immediately after a bite are both medically urgent and legally important. The New York City Department of Health advises bite victims to:
- Get the owner's name, address, and phone number.
- Identify the dog
- Confirm the dog's rabies vaccination status.
- Bites should be reported by calling 311, or 911 if there is an immediate threat.
Beyond those public health steps, documenting the scene matters enormously for any later legal claim.
Seek medical attention the same day, even for bites that do not immediately appear severe.
Unsure Whether A Dog Owner, Landlord, Or Property Owner Is Responsible?
Contact our legal team for a free consultation today.
Summing It Up
Dog bite liability in New York extends well beyond the person who owns the dog. Owners face strict liability once a dog has been declared dangerous, and broader liability under the vicious propensities rule when prior aggressive behavior put them on notice.
Since the 2025 Flanders decision, negligence claims are now available even without a prior bite history.
Landlords can be liable when they knew about a dangerous dog on their property and had the means to address it but failed to act. Dog walkers, sitters, and others who control a dog at the time of a bite can also face liability.
Leash law violations, licensing failures, and other regulatory breaches are not just code infractions; they can serve as direct evidence of negligence in a civil case. Defenses exist, including provocation, trespass, and self-defense, but they require careful factual analysis.
If you or someone close to you was bitten and you have questions about who may be responsible, the attorneys at Porter Law Group are available to evaluate the facts of your situation. Reach out through our contact page.
Frequently Asked Questions
Who is liable if a dog bites someone in New York?
Liability for a dog bite in New York falls first on the dog's owner or lawful custodian. Under Agriculture & Markets Law § 123(10), an owner or custodian of a dog officially adjudicated as dangerous is strictly liable for the victim's medical costs. Beyond the statutory framework, any owner who knew or should have known their dog had vicious propensities can be held responsible for all damages, including pain and suffering and lost wages. Since the 2025 Flanders v. Goodfellow decision by the New York Court of Appeals, victims can also pursue negligence claims against owners who failed to exercise reasonable care, even when the dog had no prior bite history. Liability can also extend to landlords, dog sitters, walkers, and others who had control of the dog or the premises.
If my dog bites someone on my property, am I liable?
Generally yes, if the person was lawfully present on your property. Being bitten on your property does not change the underlying liability analysis. If you knew your dog had aggressive tendencies and a lawful visitor, contractor, or guest was bitten, you can be held liable under the same vicious propensities or negligence standards that apply in any public setting. The main exception is trespass: New York law limits liability when an adult trespasser is bitten by a dog on private property, particularly when the dog was acting in defense of the property. Children may receive more legal protection even when they enter without permission, depending on the circumstances.
Is a landlord responsible if a tenant's dog bites someone?
A landlord can be held responsible, but not automatically. New York courts require three elements to hold a landlord liable for a tenant's dog bite: the landlord knew the dog was on the premises, the landlord knew or should have known the dog had dangerous propensities, and the landlord had sufficient control over the property to have addressed the risk. Common areas like hallways, lobbies, and shared yards are the most likely setting for landlord liability, because landlords have a clear duty to keep shared spaces safe. Bites inside a tenant's private unit are harder to attribute to a landlord, though repeated written complaints and an unused contractual right to remove dangerous animals can still support a claim.
Am I liable if my dog bites someone who was provoking it?
New York Agriculture & Markets Law § 123 provides that owners are not liable under certain dangerous-dog provisions when a bite occurs while the dog is being teased, tormented, abused, or assaulted. However, provocation is a factual defense that must be established based on what actually happened immediately before the bite. Courts look at specifics: what did the person do, how severe was it, and was the dog's response proportionate. Simply claiming the victim provoked the dog is rarely enough without supporting evidence. This defense applies to owners and, in some circumstances, to other parties such as landlords or keepers.
If my dog bites an intruder, am I liable?
In most circumstances, no. Agriculture & Markets Law § 123 provides specific defenses when a bite occurs during an unlawful entry or when the dog is acting to protect its owner or the owner's property. This defense is strongest when the intruder posed a genuine threat and the dog responded to that threat directly. It weakens considerably if the intruder was not actually threatening anyone, if the attack was severe and disproportionate, or if the dog was used deliberately as a weapon. Courts evaluate these situations case by case, and the facts surrounding what happened matter significantly.
Can a dog walker or sitter be liable for a dog bite?
Yes. Anyone who has physical control or custody of a dog at the time of a bite can face liability, not just the titled owner. Dog walkers, sitters, trainers, and even family members or roommates who regularly care for and control a dog can be liable under negligence principles if they knew the dog was aggressive and failed to take adequate precautions. If a dog walker allows an aggressive dog off-leash in a public area where leashing is legally required, for example, and the dog bites someone, the walker's failure to follow the law and their knowledge of the dog's temperament can both support a claim.
Does violating a leash law make me automatically liable for a dog bite?
Not automatically, but it is significant evidence of negligence. When an owner violates a leash ordinance, a licensing requirement, or a rabies vaccination law, and that violation contributes to a bite, a victim may be able to argue negligence per se, a legal theory that treats the statutory violation itself as proof of fault. New York City requires dogs in public to be on a leash no longer than six feet. Violating that requirement while walking a dog known to be aggressive, and having that dog bite someone as a result, creates a very strong case for the victim. Compliance with local rules is both a legal obligation and a meaningful factor in how courts evaluate fault.
What damages can a dog bite victim recover in New York?
A dog bite victim in New York can recover medical expenses, including treatment, surgery, and follow-up care; lost wages if the injury prevented them from working; and compensation for pain and suffering, scarring, disfigurement, and emotional distress. Under the strict liability framework that applies once a dog has been adjudicated dangerous, medical costs are recoverable without proving negligence. Full damages including pain and suffering require establishing either that the owner knew of the dog's vicious propensities or, after Flanders, that the owner failed to exercise reasonable care. The extent of injuries, the permanence of scarring, and the impact on daily life all affect the value of a claim.
What should I do immediately after being bitten by a dog?
Seek medical attention the same day, even if the wound appears minor. Dog bites carry a significant infection risk, and a contemporaneous medical record establishes the injury's timing and severity. Photograph the wounds right away and continue photographing them as they heal. Collect the dog owner's name, address, and phone number. Confirm the dog's rabies vaccination status. In New York City, report the bite to 311, or call 911 if there is an immediate safety threat. Document the location where the bite occurred, including the presence or absence of a leash, fencing, signage, and any witnesses. Keep all medical records, bills, and any communications related to the incident. These steps preserve both your health and your ability to pursue a legal claim.
This article is intended for informational purposes only and does not constitute legal advice. Prior results do not guarantee similar outcomes. For guidance specific to your situation, consult a licensed New York personal injury attorney.
