Dog bite by a neighbor's dog. Attack by a delivery service dog or guard dog. Off-leash incidents in city parks. Child attacks. New York is NOT a true 'strict liability' state for dog bites — it follows the 'one-bite' / known vicious propensity rule (Petrone v. Fernandez): the owner is strictly liable IF they knew or should have known the dog had vicious propensities. We get the prior-bite, complaint, and animal-control records to establish that knowledge.
Madison Law Firm PLLC · 579 5th Ave, 2nd Floor, New York, NY 10017
311 / NYC Animal Care Centers complaint records. NYC DOH dangerous-dog hearing records. Witness statements from neighbors. Veterinary records (training notes, behavior assessments). Prior insurance claims on the same dog. Police reports.
Most NYC dog bite recoveries come from the owner's homeowner's or renter's insurance — typical limits are $100K-$500K with umbrella excess. Some policies exclude specific breeds (pit bulls, Rottweilers, German Shepherds) — but the exclusion often doesn't apply. We map coverage before negotiating.
Dog bite cases involving children, disfigurement, or rabies exposure often go to trial. Scarring is highly visible jury evidence. We handle these directly in lower-value cases and coordinate trial co-counsel for catastrophic cases under NY co-counsel rules.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
Petrone v. Fernandez (2008) confirmed NY's vicious-propensity rule: strict liability only attaches if the owner knew or should have known the dog had vicious propensities. But 'vicious propensities' include growling, lunging at strangers, prior nips (even without breaking skin), being kept as a 'guard dog,' or being trained to attack — not just prior bites. We dig for this evidence.
Before filing, NY requires a New York civil procedure rule 3012-a certificate of merit signed by your attorney attesting that a qualified physician has reviewed the case and finds it meritorious. We arrange the expert review during intake.
Claims against NYC Health + Hospitals (HHC) facilities — Bellevue, Elmhurst, Kings County, Lincoln, etc. — require a 90-day notice of claim. Same deadline applies to SUNY hospitals. Call us before that deadline runs.
We answer 24/7. Free consultation. No fee unless we win.