If you’ve recently faced a dog bite or attack, you may feel overwhelmed and unsure of what to do next. It’s normal to have questions about responsibility and the legal process. This situation can be unsettling, but you don’t have to face it alone. If you need an attorney to help with your case, we are here to guide you. Our law firm is dedicated to helping you seek justice and recover from your injuries.
The Basics of Dog Bite Liability in New York (Updated for 2025)
New York dog bite law has recently changed in a major way. On April 17, 2025, the New York Court of Appeals issued a groundbreaking decision in Flanders v. Goodfellow, reshaping how dog bite liability works in the state.
Previously, victims could only sue under strict liability if they proved that the dog had a known history of dangerous behavior. This was often referred to as the “one bite rule.” Now, thanks to Flanders, victims can also sue based on negligence—even if the dog had never bitten before.
Under strict liability, a dog owner can be held accountable if they knew or should have known their dog had vicious propensities. Under the new negligence standard, an owner may be liable simply for failing to take reasonable precautions, such as securing a gate, leashing a dog, or warning visitors.
This change significantly broadens the path to recovery for victims.
What Makes Dog Bite Cases Different from Other Injury Cases
Dog bite cases in New York are now governed by dual legal standards: strict liability and negligence.
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Strict liability still applies if the dog has a history of aggression.
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Negligence now allows victims to pursue claims if the owner didn’t act reasonably, even without prior aggression.
This shift removes a major legal hurdle for many victims who previously couldn’t bring a claim if they couldn’t prove past incidents. Now, courts can consider whether the owner took steps to prevent foreseeable harm.
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The Role of Dog Behavior and History in Liability
Evidence of prior aggression—like barking, lunging, or slamming into windows—can still support a strict liability claim. But under the new negligence rule, even without a prior bite, owners must act reasonably.
For example, in Flanders, the dog had never bitten anyone, but postal workers testified that it frequently snarled and barked violently at the window. The court ruled this was enough to raise a question about the owner’s responsibility.
Pet owners are now expected to take precautions like fencing, leashing, using crates during visits, and posting warning signs if a dog shows threatening behavior.
The Process of Filing a Dog Bite Claim in New York
If you’ve been bitten by a dog, here’s how to build a strong case:
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Seek Medical Help – Treat injuries immediately and keep all records.
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Document the Scene – Photograph your injuries, the area where it happened, and any visible warning signs (or lack thereof).
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Report the Incident – File with local authorities, animal control, or the police. These reports help establish your case.
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Gather Evidence – Collect witness statements and seek evidence of the dog’s past behavior.
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Speak to an Attorney – A personal injury lawyer can now help you pursue either a strict liability or negligence claim—or both.
What Damages Can You Recover in a Dog Bite Case?
You may be eligible for:
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Medical bills and treatment costs
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Lost wages
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Pain and suffering
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Emotional distress
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Compensation for scarring or disfigurement
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Punitive damages if the owner’s conduct was reckless or malicious
The Flanders case, for example, involved permanent injury and multiple surgeries, which could warrant significant compensation under both legal standards.
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How Our Law Firm Can Help You with Your Dog Bite Case
With the law now allowing both strict liability and negligence claims, it’s crucial to have a legal team that understands how to maximize your case.
Our firm is experienced in navigating these updated legal standards. We’ll investigate every angle—examining past dog behavior, the owner’s actions, and applicable local laws—to build the strongest case possible.
From negotiating with insurers to representing you in court, we’re here every step of the way so you can focus on healing.
How to Prove Liability in a Dog Bite Case
To prove strict liability, show that:
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The dog bit or attacked you.
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The owner knew or should have known the dog was dangerous (e.g., prior aggression, threatening behavior).
To prove negligence, show that:
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The owner failed to take reasonable precautions (e.g., didn’t leash the dog, failed to warn you).
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This failure directly caused your injury.
Even if the dog had no known prior aggression, the owner can now be held accountable under the negligence rule introduced in Flanders.
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What Happens If the Dog Owner Denies Responsibility?
Dog owners may argue that:
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The victim provoked the dog.
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The victim was trespassing.
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The dog had no history of violence.
In these cases, evidence is key. Gather photos, witness statements, and security footage. Show the dog wasn’t provoked and the owner didn’t take reasonable steps to prevent the attack. Under the new law, owners must show more than a clean bite record to avoid responsibility.
Insurance Coverage for Dog Bite Claims
Homeowner’s or renter’s insurance often covers dog bite injuries, but insurers may try to limit what they pay.
An attorney can help you:
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File and negotiate your claim
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Handle communications with insurers
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Pursue a lawsuit if a fair settlement isn’t offered
With more legal avenues now open, your attorney can also argue both strict liability and negligence for maximum compensation.
Don’t Wait to Seek Legal Help
New York law limits how long you have to file a claim—and evidence is best collected early.
Reach out as soon as possible so we can:
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Preserve evidence
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Investigate the dog’s history
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Interview witnesses
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Protect your rights under the new laws
Contact The Nicotra Law Firm, PC Today
The Flanders v. Goodfellow case has changed the playing field for dog bite victims in New York. Don’t miss your opportunity to pursue justice. If you or a loved one has suffered a dog bite, contact us today to schedule a free consultation.
We’ll help you explore both strict liability and negligence options and fight for the full compensation you deserve.