Dogs might be man’s best friend, but these beloved pets can also be dangerous. Even the cuddliest of dogs can hurt someone in the right circumstances. This may include knocking someone down or biting them.
In New York, dog owners are responsible for medical and veterinary bills incurred as a result of their dog biting someone. They might also be liable for other costs, such as pain and suffering, if the dog had previously attacked someone or if the dog owner was careless in handling their dog. Our Long Island dog bite attorneys can work with you to get you the money that you deserve for your dog attack injuries.
At The Odierno Law Firm Accident and Injury Lawyers, we are fierce advocates for our clients. Whether you have been hurt in a car accident, a slip and fall, or a dog bite, we will help you get maximum compensation. To learn more or to schedule a free initial consultation with a Long Island personal injury lawyer, reach out to our law offices.
How Does New York Law Handle Dog Bite Cases?
When it comes to personal injury law, every state is unique. However, there are some commonalities when it comes to certain aspects of personal injury lawsuits. This includes dog bite laws.
Most states fall into one of two camps: the “one bite” rule or strict liability for dog bites. In “one bite” states, a dog owner is usually not liable for the first time that their dog bites a person. In strict liability states, dog owners are responsible for any injuries that their dog causes, even if they haven’t ever hurt someone before. Strict liability means that the injury victim does not have to prove that the dog owner did something wrong to recover for their losses.
New York follows a hybrid model or a mix of both laws. Under New York law, dog owners are strictly liable for medical expenses (including veterinary expenses if a pet was also hurt). A dog owner cannot be held strictly liable for other losses (such as emotional distress) unless they knew before the attack that their dog was dangerous and did not take the proper precautions.
In New York, a dog is considered dangerous if it:
- Seriously injures or kills a person, pet, or farm animal in an unprovoked, unjustified attack;
- Behaves in a way that would make a reasonable person think the dog “poses a serious and unjustified imminent threat of serious physical injury or death” to a person, pet, or farm animal; or
- Injures or kills a service dog, guide dog, or hearing dog in an unjustified attack.
A dog can be deemed dangerous either through a special hearing or via a civil lawsuit brought by a victim of a dog attack.
For a dangerous dog hearing, anyone who witnesses an attack can file a complaint with the local animal control office or the police. The complaint asks a judge to schedule a hearing and decide if a dog is dangerous. A judge will then hear evidence and issue a ruling that may include conditions such as spaying or neutering the dog, getting dog training, muzzling the dog, humanely confining the dog, and the dog only being allowed in public when on a leash held by someone aged 21 or older. If a dog kills or badly injures a person, a judge can order that the dog be euthanized.
Whenever a dog attacks someone, the dog’s owner can be fined $400 to $1,5000. The higher fine is for situations where a dog seriously injures another person. In addition, the dog’s owner will be required to pay the victim’s medical expenses. The dog bite victim may also be able to file a lawsuit against the owner to recover financial compensation for their losses.
Filing a Lawsuit for a Dog Bite in Long Island
When a judge holds a hearing about a dangerous dog, the focus is on public safety. By contrast, a personal injury lawsuit offers an opportunity for a person who was hurt by a dog to seek financial compensation and some degree of justice.
A dog attack victim in New York can file a lawsuit in two situations:
- Under a theory of strict liability, if the dog’s owner knew that their dog might be dangerous; or
- Under a theory of negligence, if the owner’s carelessness led to the dog bite.
In New York, a dog owner can be held strictly liable for a victim’s medical costs even if their dog had no history of biting anyone. In these cases, the dog bite victim can only seek medical expenses under a theory of strict liability.
If a dog owner had knowledge that their dog was dangerous or had a vicious propensity, then they could be held strictly liable for any injuries caused by their dog. Remember that with strict liability, the injury victim does not have to prove that the owner did something wrong. The dog’s owner will be responsible for the full scope of the victim’s losses if they know that their dog could be dangerous.
In 2025, New York’s highest court recognized a new legal theory for dog bite cases: negligence. New York law had long had an anomaly: victims of dog bites could sue under a theory of strict liability, but not carelessness. This meant that unless a dog bite victim could prove that the dog’s owner knew that their dog might be dangerous, they could not sue for anything beyond medical expenses.
This all changed with Flanders v. Goodfellow. In this case, postal carrier Rebecca Flanders was bitten by a dog owned by the Goodfellow family while delivering a package to their residence. When Mr. Goodfellow opened the door to accept the package, his dog lunged at Ms. Flanders, causing a tear in her shoulder muscle that required multiple surgeries to correct.
Ms. Flanders filed a lawsuit against the Goodfellows, claiming both strict liability and negligence. Ms. Flanders argued that the dog had shown aggressive behavior, including growling, barking, and slamming into the windows when postal workers delivered mail.
The trial court dismissed Ms. Flanders’ claims, finding that the Goodfellows did not have knowledge of the dog’s vicious propensities and that the negligence claim was not permitted under New York law. The Appellate Division agreed with the lower court’s decision.
The New York Court of Appeals disagreed. It found that there was a question as to whether the Goodfellows knew about their dog’s aggressive behavior. It also overruled a prior ruling that barred negligence liability for harm caused by domestic animals. Under this new holding, victims of dog bites can pursue a lawsuit based on a theory of negligence.
This ruling brings dog bite cases in line with other types of personal injury claims, all of which allow a victim to file a lawsuit based on negligence or carelessness. It also eliminated the unfair situation where a dog bite victim would be prevented from getting full compensation for their injuries if they couldn’t prove that the dog had prior dangerous propensities and the owners were aware of it.
Under the new law, a dog bite victim can recover financial compensation for their injuries under a negligence theory by showing that:
- An owner was careless in controlling or handling their dog; and
- This carelessness allowed the dog to injure the victim.
For example, a dog owner brings a large dog to a public place on a leash, despite knowing that their dog gets agitated around lots of people and that their dog can easily overpower them. If the dog lunges and bites someone in this situation, the dog owner can be sued under a theory of negligence. Under prior New York law, a lawsuit would have only been possible if the dog bite victim could prove that the owner knew their dog was aggressive.
Perhaps most importantly, this new legal standard means that it is far easier for a dog bite victim to recover financial compensation for all of their injuries. In a negligence case, this may include money for:
- Lost wages
- Reduced earning capacity
- Property damage
- Medical expenses
- Future medical treatment
- Pain and suffering
- Emotional distress
- Scarring
- Disfigurement
- Loss of enjoyment of life
Under the old law, a dog bite victim could only recover for medical expenses under strict liability unless they could prove that the dog was dangerous. Now, it is possible to recover this type of compensation if the dog owner was careless in handling or controlling their dog, even if the dog had never been aggressive. Our Long Island dog bite attorneys can help you get full compensation for your dog bite injuries.
Help for Long Island Dog Bite Victims
Being attacked by a dog can be incredibly traumatic. It can also cause serious, life-changing injuries. If you have been hurt by a dog, our Long Island dog bite lawyers can help you get the compensation that you deserve through a personal injury lawsuit.
Based in Melville, New York, The Odierno Law Firm Accident and Injury Lawyers represents injury victims throughout Long Island, including people who have been bitten or attacked by dogs. We offer free consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Long Island dog bite lawyer, call our law offices today at 631-973-6221 or fill out our online contact form.
Who Pays for Dog Bite Injuries?
Typically, dog bite compensation is paid by the owner’s homeowner’s or renter’s insurance policy. Alternatively, if a dog is deemed dangerous, they may be required to carry up to $100,000 in separate liability coverage. In either situation, any settlement or jury verdict will be paid by the insurance company.
This can make it easier for many dog bite victims to pursue a claim if they were bitten by a friend or family member’s dog. The money they pay won’t come out of their pocket, but will be paid by their insurance company. Contact The Odierno Law Firm Accident and Injury Lawyers to schedule a free consultation with a Long Island dog bite attorney.
Can You Sue for a Dog Bite If the Dog Was Provoked?
No. Under any theory, a dog owner can only be held responsible for any injuries that their dog may cause if the attack is unjustified. If the dog was provoked or was defending itself or others, then the victim may not be able to recover financial compensation for any of their losses. For example, if a dog bit a person who punched its owner, then the dog bite victim likely will not be able to sue the owner for their losses.
Dog owners may sometimes falsely claim that their dog was provoked to avoid being held responsible for a victim’s losses. Our law firm will thoroughly investigate your case to develop the strongest possible claim for compensation. Reach out to The Odierno Law Firm Accident and Injury Lawyers to schedule a free initial consultation with a Long Island dog bite lawyer.