Understanding Liability for Dog Bites in New York

Dog bites can be traumatic, both physically and emotionally, for those who suffer from them. In New York, if you or a loved one has been injured by a dog, understanding the state’s laws around dog bites is crucial. New York’s dog bite laws have recently changed, and knowing what steps to take can help protect your rights. This guide will walk you through the important aspects of New York’s updated dog bite laws, including the April 2025 decision in Flanders v. Goodfellow, and what they mean for you if you’ve been injured. At The Nicotra Law Firm, PC, we are here to guide you through the legal process and help you navigate the complexities of your case.

What Is New York’s “One Bite” Rule—And How Has It Changed?

New York traditionally operated under the “one bite” rule for dog bites. This meant a dog owner could only be held strictly liable for injuries if it could be proven that they knew the dog had dangerous tendencies. For example, if the dog had bitten before or exhibited aggressive behavior like growling or lunging, the owner could be held accountable.

However, in April 2025, the New York Court of Appeals issued a groundbreaking ruling in Flanders v. Goodfellow that changes this legal landscape. While strict liability still applies when a dog has shown vicious propensities, the Court’s decision now allows victims to also sue for negligence—even if the dog has never bitten anyone before.

This new approach means that if a dog owner fails to take reasonable precautions—like securing their dog, using a leash, or warning others—they may be held liable for injuries, even without any prior knowledge of aggression.

What Is Strict Liability in New York Dog Bite Cases?

In New York, dog owners are still subject to strict liability for covering the medical costs of injuries caused by their dogs. This rule remains unchanged: even if the dog has no known history of biting or aggression, the owner must pay for the victim’s medical treatment.

Thanks to the Flanders decision, though, victims now have a broader path to recovery. In addition to medical costs under strict liability, they can pursue additional damages—such as emotional trauma, lost wages, and pain and suffering—through a negligence claim, without needing to prove prior vicious behavior.

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Proving the Dog’s Dangerous Behavior

Although a negligence claim no longer requires proof of past aggression, establishing that the dog had a history of dangerous behavior can still strengthen your case. This may include evidence of the dog growling, snapping, lunging, or previous biting incidents.

In Flanders v. Goodfellow, for example, the victim presented statements from other postal workers who witnessed the dog behaving aggressively—barking, snarling, and slamming into windows. The Court ruled that this was enough to warrant further examination, reviving both her strict liability and negligence claims.

Witness statements, past complaints, and animal control records can all help demonstrate that the owner was aware—or should have been aware—of the risk their dog posed.

How Negligence Now Plays a Central Role in Dog Bite Cases

With the Flanders ruling, negligence claims are now a critical part of New York dog bite law. If a dog owner fails to act reasonably to prevent harm—by leaving a dog unleashed in public or failing to secure their property—they can now be held liable under negligence, even if the dog has no history of bites.

This ruling overturns the older Bard v. Jahnke case, which had previously barred negligence claims. Now, victims of first-time attacks have a clearer legal path forward and are no longer blocked by the need to prove prior vicious behavior.

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The Importance of Reporting a Dog Bite

If you or a loved one has been bitten, it is crucial to report the incident immediately. Reporting not only documents the injury but also protects others by alerting local health departments or animal control agencies about potentially dangerous animals.

A formal report creates an official record that can be used as evidence in your legal case and helps authorities determine whether quarantine or other public safety measures are necessary.

Time Limits for Filing a Dog Bite Claim in New York

The statute of limitations for personal injury claims in New York, including dog bites, is typically three years from the date of the incident. However, due to the evolving legal standards after Flanders, it is more important than ever to consult a personal injury attorney quickly to preserve your rights and gather time-sensitive evidence.

What to Do After a Dog Bite Injury

If you are bitten by a dog:

• Seek medical attention immediately.
• Get the dog owner’s contact information and vaccination records.
• Take photographs of your injuries and the location of the incident.
• Report the bite to animal control or local authorities.
• Collect witness statements and request any existing complaints about the dog (through Freedom of Information Law requests, if needed).

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Recovering Damages After a Dog Bite

Thanks to the Flanders decision, you can now pursue both strict liability and negligence claims. That means you may be entitled to compensation for:

• Medical expenses
• Pain and suffering
• Emotional distress
• Lost wages
• Permanent injuries or scarring

You no longer have to prove the dog had bitten before to recover these types of damages. An experienced dog bite attorney can help you explore both legal paths and build a strong case.

Steps Dog Owners Must Take to Prevent Bites

In light of the Flanders ruling, dog owners in New York must be more vigilant than ever. Even if your dog has never been aggressive before, failure to take reasonable precautions could lead to a lawsuit.

Responsible actions include:

• Using leashes in public spaces
• Posting warning signs if a dog is on the premises
• Securing gates and fences
• Monitoring your dog’s behavior and reactivity
• Keeping training and vet records

Failing to act reasonably could now expose you to a negligence claim—even if your dog has never bitten before.

If you or a loved one has been injured in a dog bite incident, The Nicotra Law Firm, PC is here to help. Our team understands the newly expanded rights of victims under New York law and will work tirelessly to pursue the compensation you deserve. Contact The Nicotra Law Firm, PC today for a free consultation and take the first step toward justice.