Few areas of personal injury law attract as much folklore as dog bites. People repeat what a relative once said, what they saw on television, or what the dog’s owner insisted at the scene. In Woodside, where much of the dog walking happens on crowded sidewalks along Roosevelt Avenue under the 7 train and around the Woodside LIRR and subway station, those assumptions tend to shape what injured people do in the hours and weeks after a bite. Some of them are harmless. Others can cost a person a valid claim.
This guide sets out eight beliefs we encounter regularly and measures each against New York law as it actually operates. It is written for people who were hurt, and for family members trying to help them. Where a statute or official source governs the point, we link to it so you can read the text yourself.
Myth 1: “In New York, the owner is automatically liable for any bite.”
The reality: New York does not impose automatic liability for ordinary dog bites. Under the rule the Court of Appeals articulated in Collier v. Zambito (2004), the injured person generally must show that the owner knew or should have known the dog had “vicious propensities.”
That is a meaningful hurdle, but it is not the insurmountable one some people assume. The law recognizes many kinds of evidence: earlier bites, growling, snapping, lunging, a habit of jumping on people, a “Beware of Dog” sign, the owner’s choice to keep the dog chained or muzzled, and complaints from neighbors. In apartment-dense areas such as the blocks around Woodside Houses, these facts often surface through building staff and residents who have watched the same dog every day.
Separately, city rules frame what careful ownership looks like. The Health Department’s responsible dog owner guide calls for a leash no longer than six feet in public, a license, rabies vaccination for dogs four months and older, and no tethering for more than three hours. A violation does not by itself establish liability, but it can inform the overall picture.
Myth 2: “Every dog gets one free bite.”
The reality: The so-called “one bite rule” is a simplification. A prior bite is one way to establish knowledge, but it is not the only way. A dog that had never bitten anyone, yet routinely lunged and snarled at passers-by, may still satisfy the standard. Conversely, a separate statutory rule applies to dogs already found to be dangerous: under Agriculture and Markets Law § 123, the owner of such a dog is strictly liable for the medical costs its attacks cause.
Myth 3: “Suing means taking money from my neighbor’s pocket.”
The reality: In most cases, compensation is paid by the owner’s homeowners or renters insurance. That coverage exists precisely for this purpose. Our article on who pays after a dog attack in Queens examines the insurance question in more detail.
A related misconception concerns automobile coverage. Some people bitten while stepping out of a car assume their no-fault policy applies. It does not; no-fault insurance does not cover dog bites.
Myth 4: “Only the owner can be responsible.”
The reality: Liability can extend beyond the person holding the leash. A landlord may be liable where it knew of the dog’s vicious propensities and had the power to remove the animal. Building owners and businesses can be responsible for dangerous dogs kept on their premises, including guard dogs. Co-op boards and managing agents may be drawn in when they had notice of the problem. For a broader treatment of property-based claims, see our premises liability overview.
Myth 5: “If I did anything wrong, I have no case.”
The reality: New York follows pure comparative fault. If a jury or insurer concludes the injured person bears part of the responsibility, perhaps for reaching toward an unfamiliar dog, the award is reduced by that percentage. It is not eliminated. Our guide to comparative negligence walks through how the reduction is calculated.
Myth 6: “A small bite doesn’t need a doctor, or a report.”
The reality: Puncture wounds frequently look minor and become infected. Bites can also injure nerves and tendons beneath intact-looking skin, and a fall caused by a lunging dog can fracture bones. If the dog’s rabies vaccination cannot be confirmed, physicians may recommend post-exposure shots.
Reporting is also expected. New York City requires animal bites to be reported to the Health Department within 24 hours. From an evidentiary standpoint, the report fixes the date, location and animal in an official record.
Careful documentation complements the report: photographs of the wound taken at intervals as it heals, images of torn clothing and of the location, the owner’s identity, and contact details for witnesses.
Myth 7: “I should give the insurer my side right away.”
The reality: Adjusters often request a recorded statement early. You are entitled to decline until you have spoken with counsel. Statements made before the full extent of an injury is known, such as before a scar has matured or nerve damage has been diagnosed, can later be used to minimize a claim.
Myth 8: “There’s no rush; lawsuits can be filed whenever.”
The reality: Deadlines are firm, and they differ by situation:
| Situation | General deadline | Source |
|---|---|---|
| Adult bitten by a privately owned dog | 3 years to file suit | CPLR § 214 |
| Child bitten | Time generally paused until age 18 | CPLR § 208 |
| Claim involving city property or public housing | Notice of claim usually within 90 days | GML § 50-e |
The ninety-day notice rule deserves particular attention in a neighborhood with public housing. Missing it can foreclose a claim against the public entity entirely.
What a Claim Can Actually Recover
Once the myths are cleared away, the practical question is value. A dog bite injury claim in New York may include medical expenses already incurred, the projected cost of future care and scar revision, lost wages, pain and suffering, and compensation for disfigurement. Emotional trauma is a recognized component, and it is often most pronounced in children. Workers bitten on the job generally receive workers’ compensation through their employer and may also hold a separate claim against the dog owner.
Consulting a Woodside Dog Bite Lawyer
Yakov Mushiyev & Associates has recovered over $80 million on behalf of injured New Yorkers. Consultations are free, and the firm works on contingency, so there is no fee unless we win. Our attorneys and staff speak English, Russian and Spanish, and we meet clients at home, in the hospital or by video. Further detail is available on our dog bite practice page and on our Queens service area page.
To have a dog bite lawyer in Woodside review your facts against the rules above, telephone 718.775.3110 or submit a brief description through our contact page.
The firm also represents clients throughout the surrounding area. Readers in adjoining neighborhoods may prefer our pages for a dog bite lawyer in Jackson Heights, a dog bite lawyer in Sunnyside, a dog bite lawyer in Maspeth or a dog bite lawyer in Corona.
Directions to the Office
The firm’s office is located at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. The embedded map charts the route from Woodside.
Attorney Advertising. The foregoing is general information about New York law and should not be relied upon as legal advice for any particular matter.