NYC Dog Bite Laws: When Can You Sue the Dog Owner?

New York is not a pure strict liability dog bite state. Instead, New York follows a mixed system. In some situations, a dog owner may be strictly liable for medical costs, while recovering additional damages—such as pain and suffering or lost wages—may depend on proving the owner knew the dog had dangerous tendencies or acted negligently. Since the New York Court of Appeals’ 2025 decision in Flanders v. Goodfellow, injured victims may also pursue negligence claims in appropriate cases, significantly expanding the rights of dog bite victims.

If you were bitten by a dog in New York City, you may have legal options even if the dog had never bitten someone before. Understanding how New York’s dog bite laws work is the first step toward protecting your rights.

Your case. Your future. Our priority. Contact Hill & Moin LLP today for a free consultation.

How New York Dog Bite Law Works

Unlike states that automatically hold every dog owner responsible for every bite, New York uses multiple legal theories depending on the facts of the case.

Generally, there are separate paths to recovery:

• Strict liability for certain medical expenses under New York’s Agriculture & Markets Law.
• Claims based on the owner’s knowledge of the dog’s vicious propensities.
• Negligence claims where the owner failed to use reasonable care in controlling or managing the dog.

The evidence required depends on which legal theory applies.

Recovery Track One: Strict Liability for Medical Costs

New York Agriculture & Markets Law §123 provides strict liability for medical costs when its requirements are satisfied.

Under this statute, a victim may recover qualifying medical expenses without proving traditional negligence if the statutory conditions are met. However, the statute alone does not automatically provide compensation for pain and suffering, emotional distress, or lost wages.

Medical costs may include:

• Emergency room treatment
• Ambulance transportation
• Surgery
• Hospitalization
• Physical therapy
• Prescription medication
• Follow-up medical care

Recovery Track Two: Full Personal Injury Damages

If you are seeking damages beyond medical expenses, additional legal theories may apply.

Depending on the facts, compensation may include:

• Pain and suffering
• Lost wages
• Reduced earning capacity
• Permanent scarring
• Emotional trauma
• Future medical treatment
• Permanent disability

Historically, New York required proof that the owner knew or should have known of the dog’s vicious propensities (often referred to as the “one-bite rule”). While that principle still matters, the Court of Appeals’ 2025 decision restored negligence claims, meaning some victims may recover by showing the owner failed to exercise reasonable care even without proving prior vicious propensities.

What Does the “One-Bite Rule” Really Mean?

Many people believe the “one-bite rule” means every dog gets one free bite.

That is not what New York law says.

The rule focuses on whether the owner knew or reasonably should have known that the dog had dangerous tendencies.

Evidence may include:

• Prior bites
• Lunging at people
• Growling or snapping
• Aggressive behavior toward visitors
• Chasing pedestrians or cyclists
• Prior complaints
• Warnings from neighbors
• The owner’s efforts to restrain the dog because of aggressive behavior

A previous bite is one way to establish notice—but it is not the only way.

Negligence After Flanders v. Goodfellow

In 2025, New York’s highest court significantly changed dog bite law.

The Court held that injured victims may pursue ordinary negligence claims against dog owners in appropriate circumstances, eliminating the long-standing rule that negligence claims were unavailable in domestic animal cases.

Examples of negligent conduct may include:

• Allowing a dog to roam without restraint
• Ignoring leash requirements
• Failing to repair a broken fence
• Allowing a known aggressive dog near visitors
• Inadequate supervision
• Violating applicable animal control rules

This expanded avenue for recovery is especially important in cases where proving prior vicious propensities may be difficult.

Common Dog Bite Injuries

Dog attacks frequently result in serious physical and emotional injuries.

Common injuries include:

• Puncture wounds
• Deep lacerations
• Nerve damage
• Broken bones
• Facial injuries
• Eye injuries
• Hand injuries
• Permanent scarring
• Infections
• Psychological trauma
• Post-traumatic stress disorder (PTSD)

Children often suffer particularly severe injuries because of their height and vulnerability.

What Should You Do After a Dog Bite?

Taking prompt action protects both your health and your legal claim.

Dog Bite Checklist

• Seek medical treatment immediately.
• Identify the dog owner if possible.
• Report the attack to local authorities or animal control.
• Photograph your injuries.
• Photograph the location.
• Obtain witness information.
• Preserve torn clothing.
• Keep all medical records and bills.
• Contact an experienced personal injury attorney.

Prompt documentation often becomes important evidence later.

Evidence That Can Strengthen Your Claim

Successful dog bite cases often rely on:

• Medical records
• Animal control reports
• Police reports
• Witness statements
• Veterinary records
• Photographs
• Prior complaints
• Surveillance footage
• Evidence of leash law violations
• Expert medical opinions

Early investigation may reveal evidence that becomes unavailable later.

How Compensation Is Determined

Depending on your case, compensation may include:

Potential Damages	Examples
Medical expenses	Emergency care, surgery, rehabilitation
Lost wages	Missed work and reduced earning capacity
Pain and suffering	Physical pain, emotional distress, PTSD
Future treatment	Plastic surgery, counseling, therapy
Permanent injuries	Scarring, disability, loss of function

The available damages depend on the legal theory, the evidence, and the specific facts of the attack.

Related Personal Injury Claims

Dog attacks sometimes occur on commercial property, apartment complexes, or other premises where additional parties may share responsibility.

Depending on the circumstances, you may also benefit from learning about:

• Dog Bite Lawyer
• Premises Liability
• Slip and Fall Accidents
• Personal Injury Representation

These related resources explain how liability may extend beyond the individual dog owner in certain situations.

You deserve a law firm that prioritizes your recovery. Contact Hill & Moin LLP for a confidential, no-obligation consultation after a dog attack.

Frequently Asked Questions About NYC Dog Bite Laws

Can I sue a dog owner in New York after a bite?

Yes. Depending on the circumstances, you may pursue compensation through statutory strict liability for qualifying medical expenses, by proving the owner knew of the dog’s dangerous tendencies, or through a negligence claim when the owner failed to exercise reasonable care.

Does New York follow the one-bite rule?

New York still considers whether the owner knew or should have known about a dog’s vicious propensities, but the 2025 Flanders decision also allows negligence claims in appropriate cases. A prior bite is not the only way to establish liability.

What damages can I recover after a dog bite?

Depending on the facts, you may recover medical expenses, lost wages, pain and suffering, future treatment costs, permanent scarring, emotional distress, and other damages permitted under New York law.

What if the dog had never bitten anyone before?

You may still have a claim. While prior aggressive behavior remains relevant, negligence may now provide another avenue for recovery if the owner failed to act reasonably under the circumstances.

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

Dog bite claims are subject to legal filing deadlines that depend on the circumstances of the case and the parties involved. Because deadlines can vary, speaking with an attorney as soon as possible helps protect your rights.

Contact Hill & Moin LLP

A dog attack can leave lasting physical injuries, emotional trauma, and significant financial burdens. Understanding New York’s mixed liability system—and the expanded rights available after recent changes in the law—can make a meaningful difference in your recovery.

When your health, livelihood, or family’s future is on the line, every decision matters. Contact Hill & Moin LLP today for a confidential, no-obligation consultation to discuss your New York City dog bite case and the compensation that may be available. Complete our contact form or call us at (212) 668-6000.