Dog Bite Claims & Dog Bite Laws in New York: What Victims Should Know
January 9, 2026
Dog bite incidents can cause serious physical injuries, emotional trauma, and costly medical bills. If you or someone you care about has been bitten by a dog in New York, understanding how the law treats these incidents is essential for pursuing compensation. Unlike many states with clear statutory compensation rules, New York’s dog bite legal landscape has traditionally been more complex — but recent legal developments have expanded victims’ rights.
What Are the Legal Standards in New York for Dog Bite Claims?
New York Dog Bite Laws Explained: Liability, One-Bite Rule, and Negligence Claims. Under New York Agriculture & Markets Law Section 123, dog owners can be held strictly liable if a dangerous dog causes injury. A dangerous dog is one that attacks without justification, poses a serious threat of harm, or injures a service or guide dog. In these cases, victims may recover medical expenses and related damages even if the owner claims they were careful.
Historically, New York followed the one-bite rule, which required victims to prove the dog had a known history of aggression and that the owner was aware of it—making many dog bite injury claims difficult. However, a landmark 2025 court ruling expanded dog bite victim rights by allowing negligence claims even without prior attacks. Today, injured victims can focus on whether the dog owner failed to exercise reasonable care, such as violating leash laws or failing to properly supervise or restrain the dog, bringing New York dog bite law in line with most other states.
Steps You Should Take After a Dog Bite
If you experience a dog bite in New York, acting quickly helps preserve your legal rights:
- Get Immediate Medical Treatment
Your health comes first — document all injuries and treatments. - Report the Bite
Notify local animal control or police. This creates an official record of the incident. - Document the Scene
Take photos of injuries, the dog (if possible), location, and any witnesses. - Collect Information
Get the dog owner’s contact info, vaccination proof, and identification details.
Know Your Statute of Limitations
In New York, personal injury suits generally must be filed within three years of the incident — so don’t delay.
Types of Compensation Victims May Seek
Victims may pursue different damages based on the circumstances:
- Medical Expenses (Past & Future)
- Lost Wages
- Pain and Suffering
- Scarring/Disfigurement Damages
- Emotional Distress
Strict liability may help secure medical costs more easily, while negligence claims can support broader damages like pain and suffering.
Common Defenses Dog Owners May Use
Key Takeaways
- New York law allows for strict liability when a dog qualifies as dangerous.
- Victims can now also bring negligence claims — a powerful new path to compensation.
- Evidence, documentation, and timeliness are key to a strong claim.
- Compensation may cover more than medical bills, including pain, suffering, and lost income.
- Statute of limitations — generally three years — requires action within a limited timeframe
Bottom Line
Dog bite claims in New York are evolving. While the one‑bite rule once limited victims’ options, recent developments now allow negligence claims in addition to strict liability for dangerous dogs. Whether a dog has a known history of aggression, or an owner failed to take reasonable steps to prevent harm, victims have more legal avenues to pursue fair compensation. Acting promptly, documenting everything, and understanding your legal rights can make a significant difference in the success of your claim.
Frequently Asked Questions
Q1: Do I need a lawyer to file a dog bite claim in New York?
While not mandatory, legal representation can help you understand complex liability rules, evidence requirements, and secure fair compensation.
Q2: Is the owner always responsible?
Not always. If the owner proves you provoked the dog or the dog acted reasonably in defense, liability may not apply.
Q3: What if the dog had no history of biting?
You may still have a claim through negligence — showing the owner failed to take reasonable safety measures.
Q4: Can I get compensation for emotional trauma?
Yes — through negligence claims or broader damages — if you can demonstrate the emotional impact of the attack.
Q5: What if the dog was a police or service dog?
Some strict liability protections don’t apply if the dog was performing official duties or reacting to threats.
References
- Justia. (n.d.). New York agriculture & markets law § 123 — Dangerous dogs. Retrieved January 1, 2026, from https://law.justia.com/codes/new-york/agm/article-7/123/
- NY Law Net. (2025). New York court opens door to dog bite negligence lawsuits. Retrieved January 1, 2026, from https://www.nylawnet.com/new-legal-[email protected] -new-york-court-opens-door-to-dog-bite-negligence-lawsuits/
- WNY Injury Lawyers. (n.d.). New York dog bite injury guide: Laws, liability & compensation. Retrieved January 1, 2026, from [email protected]