For nearly twenty years, New York was one of the hardest states in the country to bring a dog bite claim in. That changed in April 2025, and most of what you will read online about New York dog bite law is now out of date.
Attorney Jordan Stern handles your case personally, from the first call through the resolution. He has represented injured New Yorkers for over 30 years, across Nassau and Suffolk County, from the firm's office in Freeport.
Free consultation. No fee unless we recover money for you.
Do I have to prove the dog bit someone before?
No — and that is the change.
Until 2025, an injured person in New York had one route: strict liability, which required proving the owner knew or should have known the dog had vicious propensities. Ordinary negligence claims against dog owners were barred outright. If the dog had no history, the case was usually over.
In April 2025 the Court of Appeals overruled that rule. (Flanders v. Goodfellow) There are now two paths, and they can be pursued together:
- Strict liability — the owner knew, or should have known, that the dog had a vicious propensity.
- Ordinary negligence — the owner simply failed to use reasonable care in the circumstances, whether or not the dog had ever shown aggression before.
The second path dates only from that 2025 decision. It asks what the owner did — an unlatched gate, a dog left loose in an unfenced yard, a large animal held on a frayed lead near a crowded sidewalk, a door opened to a delivery driver with the dog unrestrained — rather than what the dog had done previously.
What counts as a "vicious propensity"?
Less than people assume, and this is the other half of the 2025 decision.
A vicious propensity is not limited to a prior bite. Growling, snarling, baring teeth, lunging, straining at a leash, or repeatedly charging a fence at passers-by can all support it. Nor does the owner need to have admitted knowing. Constructive knowledge is enough — meaning the behavior was open and repeated enough that a reasonable owner would have known about it.
Neighbors, delivery drivers, and mail carriers are frequently the best witnesses to that history, and they are rarely interviewed unless someone does it early.
What if the dog was already declared dangerous?
Then a separate statute applies, and it is narrower than it sounds.
Where a dog has been adjudicated dangerous, its owner is strictly liable for medical costs resulting from an injury it causes. (Agriculture and Markets Law § 123(10)) That is a real advantage, but note the limit: medical costs only. Pain and suffering, lost earnings, and scarring are not covered by that provision and have to be pursued on the theories above.
Two related points matter. A private citizen — not only a dog control officer — can bring a complaint asking a court to declare a dog dangerous. And the statute expressly preserves every other claim you may have, so a § 123 proceeding runs alongside a civil case rather than replacing it. (§ 123(12))
Who actually pays?
In most cases, a homeowner's or renter's insurance policy. The claim is made against the policy rather than against a neighbor personally, which is what that coverage exists for.
A landlord can sometimes share responsibility, but the bar is high: generally there must be evidence the landlord had actual knowledge the tenant's dog was dangerous and had the ability to have it removed. Where a dog attacks in a common area of an apartment complex, that question is worth investigating rather than assuming.
What if they say I provoked the dog?
Expect it. Provocation, trespass, and "he was only playing" are the standard responses.
New York reduces recovery by your share of the blame rather than eliminating the claim — the 2026 changes to comparative negligence apply to motor vehicle cases, not to dog bites, so the older and more forgiving rule still governs here.
Children are treated differently again. A child under four cannot be found negligent at all, and older children are measured against what a reasonable child of the same age and development would have done, not against an adult standard. This matters more here than almost anywhere else: children are bitten disproportionately often, and because of their height they are far more likely than adults to be bitten on the face, head, and neck — injuries that carry lasting scarring and, in young children, a real risk of serious complications.
How long do I have?
Three years for most claims. If the attack involved a government entity — a police dog, or a dog on public housing property — shorter notice deadlines may apply, sometimes as little as 90 days.
Bitten by a dog? The law changed in 2025.
Speak with Jordan Stern directly. The consultation is free, and there is no fee unless we recover.
Common questions
Possibly, yes. Since April 2025 you can proceed on ordinary negligence, which asks whether the owner acted reasonably rather than whether the dog had a history.
The claim is ordinarily paid by their homeowner's or renter's insurance, which they pay premiums for precisely so this is covered. It is worth a conversation before you decide.
Reporting to the local animal control or health department creates an official record of the incident and the dog, which is often the most useful document in the case later.
That can still be a claim. The 2025 decision covers harm caused by domestic animals, not bites specifically, and a large dog jumping on someone causes fractures often enough.
Speak with Jordan Stern
Bitten or injured by a dog anywhere on Long Island? The consultation is free and the conversation is confidential.
Stern & Stern · 49 West Merrick Road, Freeport, NY 11520
516-634-0345 · jstern@jordansternlaw.com · Se habla español
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