Dogs, while adored members of our families, are also animals. Without the right guidance and support, they can quickly develop bad and potentially dangerous behaviors. This includes aggressive behaviors like biting.
A single bite can bring with it devastating, life-threatening consequences, both for your canine and the victim. As a responsible owner in New York, it’s important to take every measure possible to ensure your dog poses no threat to those around them and grows up to be well-adjusted, gentle, and confident.
You should also familiarize yourself with New York dog bite law to ensure you’re aware of the legal implications. We’ll be focusing on the legal side of dog bites in this post below.
New York Dog Bite Law: The Impact of Flanders v Goodfellow
Up until 2025, there was more “leniency” regarding dog bites in New York. The only way a victim was able to pursue compensation was under strict liability, which required them to prove that the owner had prior awareness of their dog’s aggressive tendencies.
However, the Flanders v Goodfellow ruling has led to a significant change in how bite laws are treated and dealt with in the state. Now, a victim can claim negligence as a way to gain compensation.
Under the revised law, if the owner is negligent with their handling of the dog, and reasonable measures could have been taken to prevent the attack (e.g., tethering them), they can now be held liable.
New York Dog Bite Law: What You Need to Know
With this legal update in mind, here’s the key information you need to know about dog bite laws in New York:
Any victim bitten by a dog has the legal right to seek compensation, regardless of their professional status and relationship to the dog. However, the victim must file the lawsuit within three years of the date of the incident.
As we noted above, the victim can now seek compensation through strict liability and/or negligence.
Strict Liability
When the owner has previous knowledge of the dog’s aggressive tendencies (or vicious propensities). This includes:
- A previous bite history
- Knowledge of behavioral issues such as growling, snapping, snarling, or lunging
- Already adjudicated as a dangerous dog
Strict liability can often be proven if there have been repeated complaints about the dog’s behavior or the owner themselves has admitted the dog is dangerous around others. Pet professionals, like veterinarians or groomers, may have also expressed concerns.
Negligence
When the owner fails to take reasonable measures to control the dog and prevent the attack. This includes not supervising the dog while out in public, letting them roam freely, and not obeying leash laws.
More clear-cut signs of negligence include encouraging aggressive behavior within the dog or handling them in a way that exacerbates their aggression.
Compensation
If the owner is found liable, they must cover the cost of the victim’s medical expenses. This includes hospital visits, treatments like stitches, medication, surgery, and physical therapy.
Depending on the case and circumstances, the victim may be entitled to compensation for loss of income, disfigurement, and emotional distress. The owner may also face legal repercussions such as fines and/or imprisonment.
Does Breed Matter in New York Dog Bite Law?
Certain states and local municipalities have strict breed-specific legislation (BSL) in place that can affect how a bite case is handled. However, New York has prohibited BSL at the state level and prevented municipalities from introducing BSL.
This means that a dog’s breed does not influence how the case is handled in New York. The outcome is solely based on the dog’s individual temperament (e.g., a bite history) and whether the owner acted negligently. A responsible owner need not fear adopting dogs such as Rottweilers in New York.
That said, public perception can still play a role. Unfortunately, breeds like Rottweilers, pit bull terriers, and cane corsos are often associated with dog bites and aggression. This makes it crucial to do all you can as an owner to ensure your pup doesn’t reinforce this harmful perception.
Dealing with Aggression and Preventing Dog Bites
Any dog can become aggressive and bite without warning — no matter how gentle or loving they usually are.
By taking precautions, you’ll help to ensure no human or animal is put in harm’s way. You’ll also be in the best possible position to advocate for yourself if an incident does occur in the future.
Some preventative measures include:
- Meeting your dog’s needs, including exercise and mental stimulation
- Socializing your dog to build their confidence and help them adjust to the world
- Sticking to a consistent training schedule
- Seeking professional help to address concerning behavioral issues before they escalate
- Supervising your dog closely and keeping them leashed in public spaces
- Securing your backyard and home
- Not taking your dog to busy, crowded places
- Educating family members and guests on proper handling and warning signs of aggression
- Investing in appropriate gear (e.g., durable leash, harness, or muzzle)
New York Dog Bite Law
While we’ve covered the fundamentals above, there are a lot more nuances that come into play. It’s important to seek out professional legal support if you or someone you love has been attacked by a dog and needs to make a claim.
If you’re an owner who has concerns about their dog’s behavior, remember that prevention is the best solution. Take the precautions we’ve discussed above and consult a behaviorist or trainer to help you manage aggressive behaviors before they escalate.
