New York Dog Bite Laws: Liability and Victim Rights

New York assigns dog bite liability on two separate tracks. Agriculture and Markets Law Section 123(10) makes the owner or lawful custodian of a dangerous dog strictly liable for the victim's medical costs. Every other category of damages comes from the common law, where a victim proves the owner knew of the dog's vicious propensities or, since the 2025 Flanders v. Goodfellow ruling, was simply negligent. Section 123(12) preserves those common-law claims expressly.

Estimate your claim: Use our free New York Dog Bite Settlement Calculator to see a rough settlement range based on the medical bills, the bite location, the victim's age, and New York's liability rule.

Overview of New York Dog Bite Laws

New York runs two liability tracks for dog bite injuries. Agriculture & Markets Law § 123(10) makes the owner or lawful custodian of a dangerous dog strictly liable for medical costs. Every other category of damages, and every claim involving a dog that does not meet the statutory dangerous dog definition, comes from the common law: the owner's knowledge of the dog's vicious propensities, or ordinary negligence. Section 123(12) states that the statute does not limit or abrogate those common-law claims, so the statute sits alongside them rather than replacing them.

This framework changed significantly in April 2025 when the New York Court of Appeals issued its landmark ruling in Flanders v. Goodfellow (2025 NY Slip Op 02261). The court overruled the 2006 rule of Bard v. Jahnke, to the extent it barred negligence claims in domestic animal injury cases. Today, dog bite victims in New York have broader legal options than at any point in the past 20 years.

New York sees roughly 4,000 dog bite injuries requiring medical attention each year. The state also leads the nation in average claim cost: the Insurance Information Institute reports that New York had the highest average cost per dog-related injury claim in 2025, at $92,154, against a national average of $65,450.

The Flanders v. Goodfellow Decision (April 2025)

On April 17, 2025, the New York Court of Appeals fundamentally reshaped dog bite law in the state. The case involved Rebecca Flanders, a postal carrier who suffered a severe shoulder tear requiring multiple surgeries after being bitten while delivering a package to the Goodfellow residence.

The court made two critical holdings:

• Strict liability reinstated: The court found a triable issue of fact as to whether the dog owners had constructive knowledge of the dog's vicious propensities, based on sworn affidavits from other postal workers describing the dog as "the most aggressive" on the route
• Negligence claims now allowed: The court overruled Bard v. Jahnke (2006), which had barred negligence liability for harm caused by domestic animals, calling the prior rule "in tension with ordinary tort principles" and "unworkable"

This ruling means that even if a dog has no documented history of aggression, victims can now pursue compensation by proving the owner failed to exercise reasonable care in controlling the animal.

What This Means for Dog Bite Victims

Before Flanders, victims had to prove the owner knew or should have known of the dog's dangerous tendencies. That standard left many bite victims without recourse when a dog attacked for what appeared to be the first time.

Now, victims have two paths to recovery:

1. Strict liability if the owner knew of the dog's vicious propensities, or under § 123(10) if the dog meets the statutory dangerous dog definition
2. Negligence if the owner failed to take reasonable precautions, such as proper leashing, fencing, restraint, or supervision

Strict Liability Under Agriculture & Markets Law § 123

Agriculture & Markets Law § 123(10) provides that "the owner or lawful custodian of a dangerous dog shall, except in the circumstances enumerated in subdivisions four and eleven of this section, be strictly liable for medical costs resulting from injury caused by such dog" to a person, companion animal, farm animal, or domestic animal. The victim does not need to prove negligence or fault.

Does the dog have to be adjudicated dangerous first?

The statute does not say so on its face. "Dangerous dog" is defined by conduct in AGM § 108(24): a dog that without justification attacks a person, companion animal, farm animal, or domestic animal and causes physical injury or death, or that behaves in a manner a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death. Nothing in that definition requires a court proceeding.

The contrast inside § 123 is pointed. Subdivision 8 applies to a dog "which had previously been determined to be dangerous pursuant to this article," and subdivision 9 to a dog "which had previously been determined by a judge or justice to be a dangerous dog." Subdivision 10 omits that language. Courts have not uniformly resolved whether a prior dangerous dog adjudication is a prerequisite to § 123(10) liability, so a victim should not assume that the absence of a formal designation defeats the claim, and an owner should not assume it is a complete answer.

Two statutory exceptions apply either way: subdivisions 4 and 11 remove liability where the dog's conduct was justified (for example, the injured person was tormenting the dog or committing a crime) or where the dog was defending a person during the commission of a serious felony.

Strict liability under § 123(10) reaches medical costs only. Recovery of other damages (pain and suffering, lost wages, emotional distress) still requires proving the owner knew of the dog's vicious propensities or was negligent, and subdivision 12 expressly preserves those claims.

Dangerous Dog Designation Process

Any person who witnesses a dog attack or threatened attack on a person or animal may file a complaint with a dog control officer or police officer. The officer must inform the complainant of their right to start a proceeding and, if there is reason to believe the dog is dangerous, must begin the proceeding.

A dog may be designated as dangerous under AGM § 123 if it:

• Attacks a person, companion animal, farm animal, or domestic animal without justification and causes physical injury or death
• Behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death
• Attacks a service dog, guide dog, or hearing dog without justification and causes physical injury or death

A police work dog assisting law enforcement officers in their official duties is excluded from the definition under § 108(24)(b).

The petitioner must prove the dog is dangerous by clear and convincing evidence, a standard higher than the typical "preponderance of the evidence" used in civil cases.

Conditions Imposed on Dangerous Dogs

AGM § 123(2) splits the court's order in two. Once the judge is satisfied by clear and convincing evidence that the dog is dangerous, the judge "shall then order neutering or spaying of the dog, microchipping of the dog and one or more of the following as deemed appropriate." Two conditions are therefore compulsory in every case, and the rest are discretionary.

Always ordered

One or more, as the court deems appropriate

Separately from the court's order, General Municipal Law § 209-cc requires an owner to report the presence of a dangerous dog to the locally designated agency.

In the most serious cases, a judge may order humane euthanasia or permanent confinement if the dog caused serious physical injury or death to a person, has known vicious propensities from prior attacks, or caused serious physical injury to animals with prior similar findings.

Civil Penalties for Dog Owners

New York law imposes escalating civil and criminal penalties based on the severity of the incident:

These criminal penalties apply in addition to any civil liability for damages the victim pursues in a separate lawsuit.

Dog Owner Responsibilities Under New York Law

New York imposes several legal duties on dog owners:

Licensing (AGM § 109)

Outside New York City, all dogs four months of age or older must be licensed in the municipality where the owner resides. The license must be renewed as required by local law, and proof of rabies vaccination is required to obtain one.

New York City is carved out of this scheme. AGM § 107(1) provides that the article "shall apply to all areas of the state except any city having a population of over two million," so § 109 licensing does not reach the five boroughs, where dog licensing runs through the New York City Health Code instead. The carve-out does not touch the dangerous dog rules this article is built on: § 107(5) extends §§ 123, 123-a and 123-b to "all municipalities including cities of two million or more," so § 123 applies in New York City.

Rabies Vaccination (Public Health Law § 2141)

Under Public Health Law § 2141, every dog must receive a rabies vaccination no later than four months after birth, with a second vaccination within one year of the first. Subsequent vaccinations must follow USDA-licensed vaccine schedules. Failure to vaccinate carries a fine of up to $200 per offense.

Leash and Confinement Laws

New York does not have a statewide leash law. However, most municipalities, including New York City, have enacted local leash ordinances requiring dogs to be leashed in public areas. AGM § 121 authorizes municipalities to require dogs to be securely confined between sunset and one hour after sunrise during designated periods.

Violating local leash laws or confinement requirements can serve as strong evidence of negligence in a dog bite case, especially after the Flanders decision.

Victim Rights and Compensation

Dog bite victims in New York may recover several categories of damages.

Economic Damages

• Medical expenses, including emergency care, surgery, and rehabilitation
• Future medical costs for ongoing treatment
• Lost wages and loss of earning capacity
• Property damage

Non-Economic Damages

• Pain and suffering
• Emotional distress and psychological trauma
• Scarring and disfigurement
• Loss of enjoyment of life

Where the injury is caused by a dangerous dog, § 123(10) covers medical costs without proof of fault. All other damages require proof of the owner's knowledge of vicious propensities or negligence under the Flanders standard.

Statute of Limitations

Dog bite claims in New York are governed by CPLR § 214(5), which sets a 3-year statute of limitations for personal injury actions. The clock starts on the date of the bite.

Important exceptions and considerations:

• Minors: The statute of limitations is tolled (paused) for victims under 18. The 3-year period generally begins when the minor turns 18, subject to a maximum extension
• Government entities: Claims against municipalities, state agencies, or government employees require a Notice of Claim filed within 90 days of the incident under General Municipal Law § 50-e
• Discovery rule: In rare cases involving latent injuries, the limitations period may begin when the injury is discovered or reasonably should have been discovered

Failing to file within the deadline will almost certainly bar the claim permanently. Before either deadline passes, get a free consultation from a New York personal injury lawyer on whether the 3-year limit or the 90-day Notice of Claim applies (attorney advertising).

Comparative Negligence in Dog Bite Cases

New York follows a pure comparative negligence system under CPLR § 1411. This means a victim's own fault does not bar recovery but reduces the damages award proportionally.

For example, if a jury determines that a dog bite victim suffered $100,000 in damages but was 20% at fault for provoking the dog, the victim would recover $80,000.

Unlike modified comparative negligence states, New York allows recovery even if the victim is more than 50% at fault. A victim who was 90% responsible could still recover 10% of the total damages.

Legal Defenses for Dog Owners

Provocation

If the victim provoked the dog through teasing, tormenting, hitting, or other aggressive behavior, the owner's liability may be reduced or eliminated. The provocation must be sufficient to cause a normally calm dog to react aggressively.

Trespassing

Dog owners generally face reduced or no liability when their dog bites a trespasser. However, this defense may not apply to children who may not understand property boundaries. New York's "attractive nuisance" doctrine can impose liability even toward trespassing children in some circumstances.

Assumption of Risk

If the victim knowingly assumed the risk of being bitten, this may limit or bar recovery. This defense commonly applies to veterinarians, dog groomers, kennel workers, and others who interact with dogs professionally.

Comparative Negligence

As discussed above, the owner can argue the victim's own conduct contributed to the injury, reducing the damages award under CPLR § 1411.

Landlord Liability for Dog Bites in New York

Landlords in New York may face liability for tenant dog bites under specific conditions. A landlord can be held liable if:

• The landlord knew or should have known the tenant's dog was dangerous
• The landlord had the ability to require removal of the dog (through lease terms or other authority)
• The landlord failed to take action to protect others

Landlords are not automatically responsible for their tenants' pets. The key factor is knowledge of the dog's dangerous nature combined with a failure to act. Evidence such as prior complaints from neighbors, visible aggressive behavior, or a known dangerous dog designation can establish the landlord's knowledge.

Landlords should include clear pet policies in lease agreements and consider requiring tenants with dogs to carry renter's insurance with adequate liability coverage.

Breed-Specific Legislation in New York

New York has a state preemption law that prohibits municipalities from enacting breed-specific legislation (BSL) restricting ownership based solely on a dog's breed. This means local governments cannot ban pit bulls, Rottweilers, or any other breed.

New York's approach focuses on individual dog behavior rather than breed. The dangerous dog designation process under AGM § 123 evaluates each dog based on its specific actions, not its breed.

Additionally, recent legislation has addressed insurance discrimination based on dog breed, prohibiting insurance companies from dropping coverage, raising premiums, or refusing to insure homeowners or renters solely because of their dog's breed.

How to File a Dog Bite Claim in New York

If you have been bitten by a dog in New York, take these steps to protect your legal rights:

1. Seek medical attention immediately. Get treatment and keep all medical records, bills, and receipts
2. Report the incident. File a report with local animal control and the police department. This creates an official record and may trigger a dangerous dog investigation
3. Document the scene. Photograph your injuries, the location of the attack, and the dog if possible
4. Gather information. Obtain the dog owner's name, address, contact information, and homeowner's or renter's insurance details
5. Identify witnesses. Collect names and contact information from anyone who saw the attack
6. Preserve evidence. Keep torn or bloodied clothing, and do not alter the scene
7. Track your damages. Maintain records of medical expenses, lost wages, and how the injury affects your daily life
8. Consult an attorney. A personal injury lawyer can evaluate your case, identify all liable parties, and handle insurance negotiations

Many personal injury attorneys in New York offer free consultations and work on a contingency fee basis, meaning you pay nothing unless you recover compensation.

More New York Laws

• New York Slip and Fall Laws
• New York Statute of Limitations

Frequently Asked Questions

Can I sue for a dog bite in New York even if the dog has never bitten anyone before?

Yes. Since the April 2025 Flanders v. Goodfellow decision, you can pursue a negligence claim against the dog owner even if the dog has no prior bite history. You would need to show the owner failed to exercise reasonable care in controlling the animal, such as inadequate leashing, fencing, or supervision. You can also pursue strict liability if the owner knew of the dog's vicious propensities through other aggressive behavior short of an actual bite.

How long do I have to file a dog bite lawsuit in New York?

You have 3 years from the date of the bite to file a personal injury lawsuit under CPLR Section 214(5). If the dog owner is a government entity or employee, you must file a Notice of Claim within 90 days. Minors generally have until 3 years after turning 18 to file. Missing these deadlines will almost certainly bar your claim.

What damages can I recover for a dog bite in New York?

You may recover medical expenses (including future treatment), lost wages, pain and suffering, emotional distress, scarring and disfigurement, and loss of enjoyment of life. Where the injury is caused by a dangerous dog, Agriculture and Markets Law Section 123(10) covers medical costs without proof of fault, and the statute does not on its face require that the dog have been adjudicated dangerous first. Other damages require proving the owner knew of the dog's dangerous propensities or was negligent.

Does New York have breed-specific bans on pit bulls or other breeds?

No. New York has a state preemption law that prevents municipalities from banning or restricting dog ownership based on breed. The state focuses on individual dog behavior through the dangerous dog designation process under Agriculture and Markets Law Section 123, evaluating each dog based on its specific actions rather than its breed.

Can a landlord be held liable for a tenant's dog bite in New York?

A landlord may be liable if they knew or should have known the tenant's dog was dangerous and failed to take action. Evidence of prior complaints from neighbors, visible aggressive behavior, or a known dangerous dog designation can establish the landlord's knowledge. Landlords are not automatically liable for tenant dog bites without evidence they were aware of the danger.