NY Dog Bite Law After Flanders v. Goodfellow: The Three Paths to Recovery

For decades, New York was an outlier among U.S. states for dog bite cases. Most states impose strict liability on dog owners — meaning the owner is liable for any injuries the dog causes, period. New York instead limited injured plaintiffs almost entirely to a strict liability theory rooted in the dog's "vicious propensities" and the owner's knowledge of them. If you could not prove the dog had bitten or attacked before, your case usually failed.

That changed in 2025. The Court of Appeals — New York's highest court — decided Flanders v. Goodfellow and added a negligence path to dog bite cases. The framework now has three layers, and understanding which one applies to your case determines what damages you can recover and what evidence you need to gather.

Path 1: Statutory Strict Liability for Medical Costs — Agriculture & Markets Law §123

Section 123 of the Agriculture and Markets Law lets a court declare a dog "dangerous" based on its conduct. Once that adjudication is in place, the owner becomes strictly liable for the medical costs of any subsequent injury the dog causes to a person, companion animal, farm animal, or domestic animal.

The limitation: this statutory strict liability covers medical costs only — it does not, by itself, give you pain and suffering, lost wages, or emotional distress damages. For those, you need Path 2 or Path 3.

Path 2: Common-Law Strict Liability — Vicious Propensities

For more than a century, this was effectively the only path for New York dog bite plaintiffs. It is still important, because it lets you recover the full range of damages — not just medical costs. But it has historically been hard to win because it requires evidence of what the owner knew.

What counts as a "vicious propensity"? Courts look at the dog's prior behavior — not just prior bites. Growling, lunging, baring teeth, attacking other animals, having been confined behind "beware of dog" signs or muzzled in public — all of these can be evidence of vicious propensities. After Flanders, the Court of Appeals confirmed that vicious propensities can be established without proof of a prior bite when other behavior would have put a reasonable owner on notice.

What counts as owner "knowledge"? Either actual knowledge (the owner saw the behavior) or constructive knowledge (the behavior was such that a reasonable owner would have known). Witness testimony, neighbor complaints, vet records, prior incident reports — all of these can establish knowledge.

Path 3 (New in 2025): Negligence — Flanders v. Goodfellow

This is the change that matters most. Under Flanders, an injured plaintiff can now pursue an ordinary negligence claim against a dog owner. The question is no longer "did the dog have vicious propensities and did the owner know?" — it is the more general "did the owner act with reasonable care under the circumstances?"

Examples of negligent conduct that might give rise to a claim under Path 3:

• Letting a dog off-leash in an area where leash laws apply
• Failing to secure a gate or yard when the owner knew the dog could escape
• Bringing a dog into a crowded space (a child's birthday party, a busy market) without adequate restraint or warning
• Failing to supervise a dog around children when the owner was aware the dog had been reactive
• Leaving the dog with an inexperienced handler

Negligence claims allow recovery of the full range of damages — medical costs, lost wages, pain and suffering, scarring, emotional distress — just like Path 2. The advantage of Path 3 is that it does not require evidence of vicious propensities. The trade-off is that comparative negligence applies: if the injured person did something to contribute to the incident (provoking the dog, ignoring a warning), the recovery may be reduced proportionally. That was not a factor under the old strict liability framework, but it is under Flanders.

Who Pays the Damages

In the overwhelming majority of New York dog bite cases, the injured person is not pursuing the owner's personal assets — the case is paid by an insurance policy. The most common sources of recovery are:

• Homeowner's insurance. Standard homeowner's policies usually cover dog bite liability up to the policy limit — often $100,000 to $500,000. Some policies exclude specific breeds; some apply only to bites occurring on the insured property.
• Renter's insurance. Tenants who carry renter's insurance often have liability coverage that applies to dog bite claims.
• Landlord's insurance — in narrow circumstances. A landlord can be liable for a tenant's dog if the landlord knew the dog had vicious propensities and had the ability to remove it. This is fact-specific and harder to win, but it can matter when the dog owner is uninsured.
• Umbrella policies. If damages exceed the primary policy limit and the dog owner has a personal umbrella policy, that can apply.

The 3-Year Deadline

New York's statute of limitations for personal injury is three years from the date of the injury, under CPLR §214(5). That deadline applies to dog bite claims under any of the three paths. If the injured person is a minor, the clock is generally paused until they turn 18 — but for any potential claim against the parents' homeowner's insurance, prompt notification is required by the policy terms, so do not wait.

What You Should Do — Right Now

1. Get medical care immediately. Dog bites carry a high infection risk, and tetanus, rabies, and bacterial infections are real concerns. The medical record from the day of the bite is the foundation of your claim.
2. Photograph the wounds. Photographs from the day of the bite, again after 48-72 hours (when bruising peaks), and then weekly as healing progresses. Scarring evidence matters.
3. Report the bite to NYC Department of Health. NYC requires bite reports — this triggers rabies follow-up and creates an official record of the incident.
4. Identify the dog and owner. Get the owner's name, address, phone, the dog's name and breed, the dog's vaccination status (important for both medical reasons and your claim), and any homeowner's or renter's insurance information.
5. Photograph the location. Where the bite happened — was the dog leashed? Was there a fence? Was there a "beware of dog" sign? Was the dog on or off the owner's property? All of this matters.
6. Identify witnesses. Names and phone numbers of anyone who saw the bite or knew the dog beforehand.
7. Preserve evidence of vicious propensities, if any. If the dog had bitten before, growled at people in the neighborhood, was kept behind a "beware of dog" sign, or had any documented history — gather that evidence early. After Flanders, you can pursue a negligence claim even without it, but it strengthens the case substantially.
8. Do not give a recorded statement to the owner's insurance carrier without speaking to an attorney. What you say in an early recorded statement can be used to reduce or deny your claim later.

What Dog Bite Cases Are Worth

There is no formula. Dog bite damages depend on the severity of the injury (puncture vs. tearing vs. crush), location (face and hands command higher value because of visible scarring and functional impact), permanent scarring, medical treatment required (sutures, surgery, reconstructive procedures), psychological impact (especially in children), lost wages, and the limits of the available insurance policy.

One reality worth noting: New York's average dog bite claim cost is reported to run roughly 40 percent above the national average. Cases involving children, facial wounds, or permanent disfigurement frequently produce six-figure recoveries. Minor puncture wounds with full healing may settle in the low five figures. The strength of the liability theory available (Path 1 vs. 2 vs. 3) also affects value.

When to Call Us

The sooner the better. Evidence of the dog's history gets harder to gather over time — witnesses move, memories fade, the dog can be quietly euthanized or relocated. The 3-year statute of limitations also runs from the date of the bite, not the date you discovered the dog had bitten before.

Madison Law Firm PLLC handles New York dog bite cases on a contingency basis — no fee unless we recover. Your immigration status does not affect your ability to bring a claim. The conversation is confidential. Call (212) 300-3191 or use the form on our homepage.