Dog Bites in New York: What the Law Says Now

For almost twenty years, New York had one of the strictest rules in the country for people injured by dogs and other pets. In 2025 the state's highest court changed it.

The old rule: "vicious propensities" only

Under the earlier rule, a person injured by a domestic animal could recover from the owner only through strict liability, which required proof that the owner knew or should have known of the animal's "vicious propensities." Ordinary negligence, such as carelessly letting a dog run loose, was not enough.

In practice that often came down to whether the dog had bitten or threatened someone before. If the owner could say the dog had never shown aggression, the injured person frequently lost.

The 2025 change

In Flanders v. Goodfellow, 44 N.Y.3d 57, decided in April 2025, the Court of Appeals held that a person injured by a domestic animal may bring a negligence claim as well as a strict liability claim, overruling its earlier decision to the contrary.

There are now two routes:

1. Strict liability. If the owner knew or should have known of the animal's vicious propensities, the owner is liable for the harm the animal causes, whether or not the owner was careful.
2. Negligence. Even without proof of prior viciousness, an owner who failed to use reasonable care in controlling the animal can be held responsible for the injuries that result.

What counts as a "vicious propensity"

It is broader than a prior bite. Courts have looked at whether the dog had growled, snapped, or bared its teeth at people, whether it was kept as a guard dog, and how the owner restrained it. A habit of jumping on people or knocking them over can count if it is the behavior that caused the injury. Barking alone, or the bare fact that a dog was kept chained or fenced, is not enough. And New York does not give a dog "one free bite": an owner can be on notice without a prior bite.

Who may be responsible

• The dog's owner
• A person who was keeping or caring for the dog at the time
• In limited situations, a landlord who knew a tenant was keeping a dangerous dog on the property and had the ability to do something about it

Homeowner's and renter's insurance policies often cover dog-bite claims, which is usually what makes a recovery possible.

What to do after a bite

• Get medical care. Dog bites carry a real risk of infection, and prompt records document the injury.
• Identify the dog and its owner. Get a name, address, and phone number.
• Report the bite. In New York City, animal bites are reported to the Department of Health; elsewhere, to the local health department or animal control.
• Photograph the injuries, at the start and as they heal. Scarring is a significant part of many dog-bite claims.
• Find witnesses, including neighbors who know how the dog has behaved in the past.

The deadline

A claim for a dog-bite injury is generally subject to the three-year deadline for personal injury claims (CPLR 214(5)). A child's claim is generally paused until the child turns eighteen (CPLR 208), but evidence does not wait, and neither should the family.

If you or your child was bitten or injured by a dog, call the office. For more, see Personal Injury.