Practice area

Dog Bites

New York asks one question first: did the owner know the dog had it in them?

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What you need to know

New York is a "vicious propensity" state rather than a strict liability state. To recover for a dog bite you generally have to show the owner knew or should have known the animal had a tendency to behave that way — prior bites or lunges, warning signs on the property, muzzle use, complaints to a landlord, or an Animal Control history. Where that knowledge is proved, the owner is strictly liable for the resulting injuries.
  1. 01

    Under the Agriculture and Markets Law, an owner is also responsible for the medical costs of a bite by a dog that has been formally declared dangerous, regardless of what they knew.

  2. 02

    Landlords can be liable too. Where a landlord knew a tenant kept a dog with vicious propensities on the premises and had the ability to remove it, the landlord can be brought into the case — which matters, because a landlord usually has real insurance where a tenant may have none.

  3. 03

    Most dog bite recoveries in New York are paid by homeowner's or renter's insurance.

    Children are the most common serious victims, and facial scarring cases carry their own valuation considerations, including future revision surgery.

What these cases involve

Proving prior propensity

Animal Control records, prior complaints, neighbours, and veterinary history.

Dangerous dog determinations

A formal declaration shifts responsibility for medical costs regardless of knowledge.

Landlord and property-owner liability

Where the landlord knew and could have acted.

Bites to children

Facial injuries, scarring and the psychological consequences.

Homeowner and renter policies

Usually the source of payment; some policies exclude specific breeds.

Non-bite injuries

A dog that knocks someone down can support a claim on ordinary negligence principles.

Verdicts and settlements

Recoveries obtained by this firm

  • $7,500,000

    Verdict for wrongful death, against landlord, caused by fire that spread through apartment that was without smoke detectors.

  • $4,400,000

    Verdict for motor vehicle accident causing spinal injuries requiring surgery.

  • $4,000,000

    For a truck driver struck in the rear by a bus sustaining a brain injury.

All results

Prior results do not guarantee a similar outcome. Every case is different, and the result in any case depends on its own facts.

Common questions

Not answered here? A lawyer will answer it, free and at any hour.

Ask us directly
The dog had never bitten anyone before.
Prior bites are not the only proof. Lunging, growling at passers-by, a "Beware of Dog" sign, a muzzle, or the way the dog was kept can all establish that the owner knew.
It was a friend's dog. Do I have to sue my friend?
The claim is normally paid by their homeowner's or renter's insurance, which is what that coverage exists for. Most people find the process far less adversarial than they feared.
How long do I have?
Three years from the bite. If the victim is a child, the clock is generally tolled during infancy.

In their words

What our clients say

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