Dog bite injuries can range from minor scratches to severe, disfiguring wounds that require extensive medical treatment and leave lasting physical and emotional scars. New York takes a unique approach to dog bite liability that every resident should understand.
New York's Mixed Approach to Dog Bite Liability
Unlike some states that follow a pure strict liability standard for all dog bite damages, New York uses a mixed approach that distinguishes between medical costs and other damages.
Strict liability for medical costs: Under New York Agriculture and Markets Law Section 123, if a dog has been previously adjudicated as "dangerous," the owner is strictly liable for the victim's medical costs. This means the victim doesn't need to prove the owner was negligent — only that the dog was previously deemed dangerous and caused injury.
Negligence for other damages: To recover non-medical damages such as pain and suffering, lost wages, and emotional distress, the victim must prove that the dog owner was negligent. This typically means showing that the owner knew or should have known the dog had dangerous propensities and failed to take reasonable precautions.
The "Dangerous Dog" Designation
Under Agriculture and Markets Law Sections 121 through 123, a dog can be officially designated as "dangerous" by a court after a hearing. A dog may be deemed dangerous if it:
- Attacks and injures or kills a person, companion animal, or farm animal without justification
- Behaves in a manner that a reasonable person would believe poses a serious and unjustified threat of harm
Once a dog receives the dangerous designation, the owner must comply with specific requirements, including confinement, muzzling in public, liability insurance of at least $100,000, and microchipping. Violation of these requirements can result in criminal penalties and strengthens any subsequent bite claim.
The One-Bite Rule
New York has historically followed a version of the "one-bite rule" for non-medical damages. Under this doctrine, a dog owner may be held liable for negligence if they knew or should have known their dog had vicious propensities. Evidence of vicious propensities can include:
- Prior bites or attacks on people or other animals
- Aggressive behavior such as growling, snapping, or lunging
- A history of being restrained or muzzled due to aggression
- Complaints from neighbors about the dog's behavior
- The dog's breed alone is generally **not** sufficient to establish vicious propensities
Landlord Liability
In certain situations, a landlord may also be held liable for a tenant's dog bite. A landlord can be liable if they:
- Had actual knowledge that a tenant's dog was dangerous
- Had the ability to remove the dog or evict the tenant
- Failed to take action despite knowing the danger
Courts have found landlord liability where tenants' dogs had a documented history of aggression that was known to the landlord, and the landlord allowed the dog to remain on the property.
What to Do After a Dog Bite
If you or a family member has been bitten by a dog, taking the right steps is important for your health and your legal claim:
- **Seek immediate medical attention** — Dog bites carry a risk of infection, nerve damage, and scarring. Prompt medical treatment creates a documented record of your injuries
- **Report the bite to local animal control** — Filing an official report creates an important record and helps authorities track dangerous animals
- **Document everything** — Photograph your injuries, the location where the bite occurred, and the dog if possible. Note the date, time, and circumstances
- **Identify the dog and owner** — Get the owner's name, address, and contact information, as well as the dog's vaccination history if available
- **Collect witness information** — If anyone saw the attack, get their names and contact details
- **Do not give statements to the dog owner's insurance company** without consulting an attorney
Compensation Available for Dog Bite Victims
Depending on the circumstances of your case, you may be entitled to recover:
- Medical expenses (emergency care, surgery, reconstructive procedures, physical therapy)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress and psychological trauma
- Scarring and disfigurement
- Property damage (torn clothing, broken glasses, etc.)
If you or a loved one has been injured in a dog bite attack, contact Janusas Law for a free consultation. We'll investigate the incident, identify all liable parties, and pursue the full compensation you're entitled to under New York law.