Dog bite claims in New York
A dog bite is not a simple case, and New York's rules are not the same as most states'. They also changed recently, in a way that helps injured people.
New York now has two routes, not one
For years, New York allowed only one theory: an owner is strictly liable for harm caused by their animal's vicious propensities if the owner knew, or should have known, about those propensities. If you could not establish that knowledge, the case ended, no matter how careless the owner had been.
That changed on April 17, 2025. In Flanders v Goodfellow, 44 NY3d 57, the New York Court of Appeals overruled its earlier decision in Bard v Jahnke to the extent that it barred a common-law negligence claim against the owner of a domestic animal. The Court described the result as a two-pronged approach: an injured person may seek to hold the owner strictly liable where the owner knew or should have known of a vicious propensity, or may instead rely on ordinary negligence and prove the owner failed to exercise due care. A plaintiff may assert both.
Why the second route matters
Under the old rule, an owner who had never seen their dog do anything alarming could escape responsibility even where they had handled the animal carelessly. That is no longer automatically true. Many pages about New York dog bite law still describe only the vicious-propensity rule, which is now half the picture.
Vicious propensity does not require a previous bite
This is the point most people get wrong about their own case. New York courts have held that a vicious propensity includes any behavior reflecting a proclivity to act in a way that puts others at risk, and that a triable issue can be raised even without proof that the dog had ever bitten anyone, by evidence that it had been known to growl, snap or bare its teeth. Knowledge can also be constructive, meaning what the owner should have known rather than what they admit to knowing.
So a neighbor who says the dog lunged at the fence, or a delivery worker who says it slammed into the window, may matter a great deal.
What we do
We identify the owner and anyone else responsible for the animal or the property, and pursue the evidence that decides these cases: prior complaints, animal control and health department records, veterinary and training history, and statements from neighbors, delivery workers and anyone else who encountered the dog before you did. We also look for the policy that responds, which is frequently a homeowners or renters policy rather than anything the owner thinks of as insurance.
Deadlines
Most personal injury actions in New York must be started within three years under CPLR 214. Shorter deadlines apply where a public entity or a housing authority is involved, including a 90-day notice of claim requirement under General Municipal Law §50-e.
Queens-specific pages
If you were bitten in Queens, our Queens dog bite page covers the borough specifically.
Frequently asked questions
Do I have a case if the dog had never bitten anyone before?
Possibly, and for two reasons. New York courts have held that a vicious propensity can be shown even without proof of a prior bite, by evidence that the dog had been known to growl, snap or bare its teeth. Separately, since Flanders v Goodfellow was decided on April 17, 2025, an injured person may also bring an ordinary negligence claim against the owner, which does not depend on proving a vicious propensity at all.
What changed in New York dog bite law in 2025?
In Flanders v Goodfellow, 44 NY3d 57, decided April 17, 2025, the New York Court of Appeals overruled Bard v Jahnke to the extent it barred a common-law negligence claim against the owner of a domestic animal. There are now two routes: strict liability where the owner knew or should have known of a vicious propensity, and ordinary negligence. A plaintiff may assert both.
Who pays for a dog bite claim?
Frequently a homeowners or renters insurance policy responds, which many owners do not realize covers this. Identifying the responsible people and the policy that answers is part of what we do.
