Who Is Liable If a Dog Attacks a Child in New York City?

A dog attack on a child is a terrible experience that can result in serious physical injuries and long-term emotional distress. If your child was bitten or attacked by a dog in New York City, you need to understand your legal rights and legal options.

Liability for dog bites in New York can be complicated, and multiple parties may be held liable. Greenberg & Stein P.C. is here to help you navigate the legal system and seek the compensation your child is entitled to.

New York’s Dog-Bite Law Explained

New York follows a “mixed” liability rule for dog attacks, combining elements of strict liability and negligence:

• Strict Liability for Medical Costs: Under NY Agriculture & Markets Law § 121, a dog owner is strictly liable for a victim’s medical expenses if their dog causes injury, regardless of the dog’s past behavior. This means that even if the dog has no prior aggressive history, the owner is responsible for paying medical expenditures.
• Negligence and the “One-Bite Rule”: For damages other than medical costs (such as pain and suffering), the victim must show that the owner knew or should have known their dog was dangerous. Evidence can include:

• Previous bites or aggressive behavior
• Violations of leash laws or regulations
• Failure to properly restrain the dog

If the dog has a history of aggression, the owner may also face punitive damages. However, New York’s “one-bite rule” might complicate claims because owners may argue they had no prior awareness of their dog’s hostility.

Who Can Be Sued for Injuries Caused by Their Dogs? Identifying Potential Defendants

When a dog attacks a child, several parties may be held legally accountable, including:

• Dog Owners: The dog owner is the principal responsible party, especially if the dog was known to be dangerous or broke leash laws.
• Landlords and Property Owners: If a landlord allowed a tenant to keep a dangerous dog on the premises while knowing about its aggressive behavior, they might be held accountable.
• Dog Walkers and Caretakers: If a dog walker or caregiver fails to control the animal, resulting in an attack, they may be held liable.
• Business Owners: If an attack occurs at a business, such as a pet store or grooming facility, the business’s proprietor may be held liable if they failed to provide a safe environment.

Our attorneys at Greenberg & Stein P.C. thoroughly investigate every case to identify all liable parties and maximize your compensation.

Possible Criminal Charges and Penalties

In addition to civil liability, dog owners in New York may face criminal charges in cases of severe attacks. Potential charges include:

Violation-Level Offenses (Non-Criminal)

• Unleashed Dog in Public (NYC Health Code § 161.03)
  • Fine: $50–200 for the first offense; up to $400 for repeat violations.
• Failure to License Dog (NYC Health Code § 161.04)
  • Fine: $25–200
• No Rabies Vaccination (NYC Health Code § 11.65)
  • Fine: Up to $2,000

Misdemeanor Charges (Criminal Penalties)

• Reckless Endangerment (Penal Law § 120.20): If the owner knowingly let a dangerous dog roam freely, leading to an attack.
  • Penalty: Up to 1 year in jail
• Failure to Restrain a Dangerous Dog (Agriculture & Markets Law § 121): If the dog was previously declared dangerous and attacks again.
  • Penalty: Up to 90 days in jail + $1,000 fine
• Assault in the Third Degree (Penal Law § 120.00): If the attack causes substantial pain or minor permanent injury.
  • Penalty: Up to 1 year in jail

Felony Charges (Most Serious Cases)

• Assault in the Second Degree (Penal Law § 120.05): If the attack causes serious physical injury (e.g., broken bones, permanent scarring, disfigurement).
  • Penalty: Up to 7 years in prison
• Homicide Charges (If the Attack Results in Death): In extreme cases, if negligence leads to a fatal mauling, the owner could face manslaughter or criminally negligent homicide charges (Penal Law §§ 125.10, 125.15).
  • Penalty: Up to 15 years in prison

Additional Consequences

• Euthanasia Orders: If a court determines that a dangerous dog poses an ongoing threat, they may order its euthanasia.
• Civil Liability: Beyond criminal penalties, the owner may owe financial compensation for medical bills, pain and suffering, and emotional trauma.

New York City-Specific Violations That Strengthen Your Case

The state of New York has additional regulations that can help strengthen a legal claim after a dog attack:

Leash Law (NYC Health Code §161.03)

Except for authorized dog parks, all dogs in New York City are required to wear leashes in public areas. If an unleashed dog bites a child, the owner has clearly violated the law, which strengthens your case.

License Requirements

Dog owners in New York must register their pets with the city. If an illegal dog bites someone, the owner’s failure to follow licensing regulations may establish a negligence lawsuit.

Rabies Vaccine Mandates

All canines in New York City must be up to date on rabies vaccines. If an unvaccinated dog bites a child, the owner could face further legal sanctions.

Tethering Regulations

Dogs in New York City cannot be tied up for longer than three hours at a time. If a dog is kept chained for an extended period of time and becomes aggressive and attacks, this might be used as evidence of owner negligence.

Special Protections for Children in New York City

Children receive special legal protections in dog bite cases due to their vulnerability and the serious long-term consequences that dog attacks can have on kids.

Lower Bar for “Provocation” Defense

Dog owners frequently allege that the victim provoked the attack. However, courts in New York apply a lower standard for children, recognizing that young kids may not fully understand their actions around animals.

Typical Injury Patterns & Long-Term Impacts

Children are more prone to sustaining serious injuries from dog bites, such as face wounds, nerve damage, and deep lacerations. These injuries frequently necessitate intensive medical care, reconstructive surgery, and psychological support.

Enhanced Damages (Scarring, Emotional Trauma)

Courts frequently award higher damages in cases involving children because of the risk of lifelong scars, post-traumatic stress disorder (PTSD), and long-term emotional suffering. Compensation may include medical bills, therapy, pain and suffering, and a reduced quality of life.

If Your Child Was Bitten By a Dog In New York City, Every Moment Counts. Contact Greenberg & Stein for a Consultation!

If your child has suffered a dog attack in New York City, you need experienced legal representation to ensure your family receives justice and compensation. At Greenberg & Stein, P.C., we fight tirelessly for the rights of harmed children and their families. Contact us today for a free consultation, and we’ll help you hold negligent dog owners accountable.