Can You Sue for a Dog Bite in New York? The Law Changed in 2025

The old rule, and why it was so restrictive

New York never adopted a general dog bite statute of the kind most states have. Instead it allowed a single theory: strict liability for vicious propensity. You had to prove the owner knew, or should have known, that the animal had a tendency to behave in a way that could cause harm. If you proved it, fault did not matter. If you could not, you lost.

What made this severe was the second half. In Bard v. Jahnke (2006), the Court of Appeals held that an ordinary negligence claim was not available against the owner of a domestic animal. So an owner who behaved carelessly — an unlatched gate, a dog let loose near a playground, no leash where one was plainly needed — could not be sued for that carelessness at all, unless the vicious propensity element was also satisfied. New York courts and commentators criticized the rule for two decades.

What Flanders v. Goodfellow changed

On April 17, 2025 the Court of Appeals decided Flanders v. Goodfellow, brought by a postal carrier bitten while delivering to a home. The Court overruled Bard to the extent it barred negligence liability for harm caused by domestic animals, holding the rule inconsistent with ordinary tort principles and unworkable in practice.

The result is two independent routes, and a claim may run on both at once:

• Strict liability — the owner knew or should have known of the animal's vicious propensity. Fault is irrelevant; knowledge is everything.
• Negligence — the owner failed to exercise reasonable care in the circumstances, and that failure caused the injury. No prior history required.

That second route now covers the cases that used to fail. A dog with no history at all, allowed to run loose through an open gate, is a viable claim in a way it was not before.

What "vicious propensity" actually requires

The strict liability route is still worth pursuing, because it does not depend on proving the owner behaved unreasonably. It is often described as a "one bite" rule, which is misleading — a prior bite is sufficient, not necessary. Evidence that has supported the element includes:

• prior bites, nips or attempts, on people or other animals;
• growling, snapping, baring teeth or lunging at passers-by;
• the dog being routinely muzzled, chained, or confined behind warning signage;
• complaints to the owner, a landlord, a managing agent, or animal control;
• the owner's own statements — warnings to visitors, or an apology afterwards that reveals prior knowledge.

Separately, where a dog has been formally declared dangerous under Agriculture and Markets Law § 123, the owner is strictly liable for the victim's medical and veterinary costs, and the statute also carries its own penalties.

Who else may be responsible

A landlord. A property owner who is not the dog's owner can be liable where they knew of the animal's vicious propensity and had the ability to remove or confine it. This matters in New York City, where the dog's owner may be a tenant with no meaningful insurance and the building carries a policy that does.

Homeowners and renters insurance. Most dog bite claims are ultimately paid by a homeowners or renters policy rather than by the owner personally. Many policies exclude particular breeds or exclude animals with a bite history, so identifying the policy early is part of the work.

A dog walker, kennel, groomer or daycare in control of the animal at the time.

Practical steps, in order

1. Get medical treatment. Bite wounds carry a high infection risk and puncture injuries look deceptively minor. Rabies risk is a medical question that has to be answered quickly.
2. Report it to the local health department or animal control. This creates the official record, prompts a rabies assessment, and is how any prior history attached to that dog surfaces.
3. Identify the owner and the dog — name, address, license, and vaccination records.
4. Photograph the wounds at intervals as they heal, and the location, including the gate, fence, leash or sign.
5. Find the witnesses. Neighbours are often the source of the prior-behavior evidence that supports strict liability.
6. Do not sign anything from an insurer before the scarring is stable. Facial and hand scarring is common in bites to children, and its permanent extent is not known for months.

The deadline is generally three years — but if the bite happened on public property, in a public housing development or in a city park, a notice of claim within 90 days may apply. Our dog bite page explains how we handle these claims, and child injury claims covers the additional considerations where the victim is a child.

Common questions

Does New York have a one-bite rule?

Not literally. Strict liability turns on the owner's knowledge of a vicious propensity, which a prior bite establishes but is not required to establish — growling, lunging, muzzling and prior complaints can all be enough. Since 2025 an ordinary negligence claim is also available.

Can I sue if the dog never bit anyone before?

Yes. Before Flanders v. Goodfellow that was frequently fatal to a claim. Now you can pursue negligence — that the owner failed to take reasonable care — without any prior history at all.

Can I sue the landlord instead of the dog's owner?

Sometimes. A landlord who knew of the dog's vicious propensity and could have removed or confined it may be liable. This is often the practical route where the tenant has no insurance.

What if the dog's owner is a friend or family member?

The claim is normally against their homeowners or renters insurer rather than against them personally, which is what the policy exists for. It is a common and understandable hesitation, and worth discussing before deciding.

How long do I have to bring a claim?

Generally three years from the bite. If it happened on public property or in public housing, a notice of claim may be due within 90 days — see how long you have to file.

This page is general information about New York law. It is not legal advice, and reading it does not create an attorney-client relationship with Davidov & Cohen Law. To talk about your own situation, tell us what happened.