New York Dog Bite Laws: Know Your Rights After an Attack

Dog bites can cause serious physical and emotional trauma. Whether it’s a slight injury or a serious attack, victims can face unexpected medical expenses, emotional anguish, and even long-term disabilities. If a dog has attacked you or a loved one in New York, it’s crucial to understand your legal options. New York law gives numerous options for compensation, but the legal framework can be complicated.

At Greenberg & Stein, P.C., we specialize in helping dog bite victims in obtaining the compensation they deserve. This blog delves into the laws that protect victims and explains how to hold negligent dog owners accountable.

New York’s Dangerous Dog Laws Explained

Dog bite cases in New York are subject to specific laws, especially when the dog involved is considered “dangerous.” New York Agriculture and Markets Law Section 123 defines a dangerous dog as:

• Attacks and injures a person or a service animal without justification.
• Behaves in a way that a reasonable person would believe poses a serious and imminent threat of injury.

When a dog meets these criteria, its owner may be held accountable for any subsequent injuries. However, the level of liability is determined by variables such as the dog’s history, the circumstances surrounding the attack, and whether the owner acted negligently.

New York’s One Bite Rule

New York enforces a modified version of the “One Bite Rule.” This law states that a dog owner is not automatically liable the first time their dog bites or attacks someone, unless they knew or should have known about the dog’s aggressive tendencies. If the dog has previously demonstrated aggressive behavior, such as growling, snapping, or attempting to bite, the owner is believed to be aware of the risk and can be held accountable.

New York’s Strict Liability (Medical Expenses Only)

Even if the dog has never exhibited aggressive behavior previously, New York imposes strict liability for medical expenses resulting from a dog bite. Under Section 123 of the Agriculture and Markets Law, dog owners are automatically liable for the victim’s medical expenses, regardless of whether they knew the dog was dangerous. This means that if you were bitten by a dog in New York, you are entitled to compensation for your medical bills, even if the dog has no past history of aggression.

Expanded Liability (All Other Damages)

For damages other than medical expenses, such as pain and suffering, lost wages, and emotional distress, New York law requires proof that the dog displayed “vicious propensities” and that the owner was aware of them. Proving this extended obligation can be more difficult, but it is critical for receiving full compensation following a violent attack.

About Known Vicious Propensity

A “known vicious propensity” is any conduct exhibited by the dog that suggests a risk of causing harm. This can include:

• Prior attacks or bites.
• Aggressive behavior such as growling, snarling, or lunging.
• The need for a muzzle or restraint in public settings.

If the victim can prove the owner knew about these traits, they may be able to recover all damages, not just medical bills.

About Negligence

A dog bite can sometimes be caused by the owner’s carelessness. Negligence occurs when a dog owner does not take reasonable precautions to prevent an attack. Examples include:

• Allowing a dog off-leash in public areas.
• Failing to repair or maintain a broken fence or gate.
• Ignoring leash laws or failing to secure the dog properly.

If the victim has proof that the owner’s negligence was directly responsible for the attack, they may be able to claim compensation for a wider range of damages.

Exceptions and Defenses

In dog bite cases, dog owners can resort to various defenses to limit or remove liability. Some such defenses are:

• Provocation: If the victim provoked the dog by hitting, teasing, or threatening it, the owner may not be held liable.
• Trespassing: If the victim was trespassing or unlawfully on the owner’s property, the owner’s liability may be reduced.
• Self-defense: If the dog was defending its owner or another person from an imminent threat, the attack may be justified.

The Responsibilities and Liabilities of Dog Owners in New York

Dog ownership comes with legal obligations designed to protect the public from harm. If their pet injures someone, dog owners in New York may face financial and legal liability. Responsibilities include:

Leash Laws & Proper Restraint

• New York City requires dogs to be leashed in public spaces (NYC Health Code § 161.05).
• Dogs must be under control at all times—letting a dog roam freely can lead to fines and liability.
• In parks, dogs may be off-leash only in designated areas during specified hours.

Licensing & Vaccination Requirements

• All dogs over four months of age must be licensed (NY Agriculture & Markets Law § 109).
• Owners must provide proof of rabies vaccination to obtain a license.
• Failure to comply can result in fines and increased liability if the dog bites someone.

Preventing Attacks Through Proper Confinement

• Dogs with a history of aggression must be securely confined indoors or in a locked enclosure.
• Owners must post “Beware of Dog” signs if the dog has shown dangerous tendencies.
• Escaped dogs that cause injuries can lead to negligence claims against the owner.

Warning Others About Dangerous Dogs

• If a dog has known aggressive tendencies, the owner must warn visitors, delivery personnel, and service workers.
• Landlords may also share liability if they were aware of a tenant’s dangerous dog and failed to act.

Failure to fulfill these obligations may subject dog owners to legal accountability, particularly if their negligence results in an attack.

Types of Compensation Available

Dog bite victims in New York may be eligible for various compensation options, depending on the degree of their injuries and the circumstances surrounding the incident. This includes:

Medical Expenses

Medical costs are subject to strict liability, which means that victims can seek compensation for:

• Emergency room visits.
• Surgery and wound care.
• Medications and follow-up treatments.
• Physical therapy and rehabilitation.

Pain and Suffering 

Victims who can prove that the owner knew of the dog’s vicious propensities may be compensated for:

• Physical pain and discomfort.
• Emotional trauma and distress.
• Scarring or disfigurement.

Lost Wages

If a dog bite injury prevents a victim from working, they may be entitled to compensation for lost wages, including future earnings if the damage causes long-term impairment.

Property Damage

In some situations, victims may be able to recover the cost of damaged clothing, eyeglasses, or other personal goods destroyed during the attack.

Psychological Counseling

Dog bites can create long-lasting emotional scars. Victims may require treatment or counseling to deal with anxiety, post-traumatic stress disorder (PTSD), and fear of animals.

Were You or a Loved One Bitten by a Dog in New York City? Get the Compensation You Deserve. Talk to a Greenberg & Stein Lawyer Today!

A dog attack is a terrible experience that can cause serious injuries and psychological trauma. Nonetheless, you do not have to endure the consequences by yourself if the accident occurred due to someone else’s negligence. If a dog attacked you or a loved one, seek legal counsel from an experienced personal injury attorney. 

Greenberg & Stein P.C. has extensive experience helping dog bite victims obtain the compensation they deserve. Our skilled attorneys will evaluate your case, explain your rights, and aggressively pursue maximum compensation on your behalf. Call us today at 212-681-2535 to schedule a free consultation to review your case.