Most people in Little Neck have never had to think about dog bite law, and why would they? Dogs are part of daily life here, from the leashed walks along Little Neck Parkway to the trails at Udalls Cove Park Preserve. So when a bite does happen, what people “know” about their rights usually comes from a friend, a relative or a comment online. A lot of it is wrong. Here are the misunderstandings we hear most, and what New York law actually says.
Myth: “Every dog gets one free bite.”
The reality: There’s a grain of truth here, which is why this one sticks around. New York generally requires you to show that the owner knew, or should have known, that the dog had “vicious propensities.” The state’s highest court set out that rule in Collier v. Zambito (2004).
But a previous bite is only one way to show it. Growling, snapping, lunging at people, jumping on them, a “Beware of Dog” sign, keeping the dog chained or muzzled, or neighbors complaining to the owner can all count. Plenty of dogs have shown their temper long before they bite anyone. The owner often knows.
Myth: “If the city called the dog dangerous, it doesn’t change anything.”
The reality: It changes a lot. When a dog has been found “dangerous,” Agriculture & Markets Law § 123 makes the owner strictly liable for the medical costs the dog’s attacks cause. In that situation, you don’t have to prove what the owner knew to recover those medical bills.
Myth: “Filing a claim means taking my neighbor’s house.”
The reality: This is the worry that keeps kind people from calling us. In most cases, the claim is paid by the owner’s homeowners or renters insurance. That’s what the coverage is for. Your neighbor usually isn’t writing a check from their own savings, and in a place like Little Neck, where most dog owners live in single-family homes, homeowners coverage is common. We explain this further in our post on who pays after a dog attack in Queens.
Myth: “I have to give the insurance company a recorded statement.”
The reality: You don’t. An adjuster may call soon after the bite and ask to record your account. You can politely say you’d like to speak with a lawyer first. That’s a normal thing to do, and it keeps a nervous, half-remembered version of events from being used against you later.
Myth: “My car insurance will cover it, since I was getting out of my car.”
The reality: No-fault car insurance does not apply to dog bites. Even if you were bitten stepping out of your car near the Little Neck LIRR station, the claim runs against the dog’s owner and their coverage, not your auto policy.
Myth: “I reached out to pet it, so it’s my own fault.”
The reality: New York uses pure comparative fault. If you share some of the blame, your compensation is reduced by that share. It is not erased. Reaching toward a dog that seemed friendly does not give the owner a free pass for an animal they knew was aggressive.
Myth: “It’s just a small bite. It’ll heal.”
The reality: Sometimes it does. Sometimes it doesn’t. Puncture wounds can become infected days later. Bites to the hand can damage nerves or tendons. A dog that knocks someone down can cause a fracture. Scars on the face or arms may need plastic surgery. If the dog’s rabies vaccination can’t be confirmed, you may need a series of rabies shots. And children especially can carry fear and anxiety long after the skin has closed.
This isn’t rare. The American Veterinary Medical Association notes that millions of people in the U.S. are bitten each year, hundreds of thousands need medical attention, and about half of the victims are children.
Please get checked by a doctor, keep the records, and take photos as the wound heals.
Myth: “Reporting the bite will just cause trouble.”
The reality: In New York City, animal bites are supposed to be reported to the Health Department within 24 hours. The report helps confirm whether the dog is vaccinated, and it gives you an official record of when and where the bite happened. It’s a protective step for you, not an act of revenge against the owner.
Myth: “Dogs can be off-leash anywhere in a big park.”
The reality: In New York City, dogs are generally allowed off leash only in designated areas and during set hours. You can see the rules on the NYC Parks dog areas page. If a dog ran loose on a trail and bit you outside those areas and times, that fact may be part of your story.
Myth: “I have years, so there’s no rush.”
The reality: You generally have three years to file a lawsuit in New York. For a child, the time is generally paused until the child turns 18, under CPLR § 208. But if city property or public housing is involved, a notice of claim is usually due within just 90 days. And even with three years, waiting costs you: witnesses forget, owners move, gates get repaired.
Myth: “Only the owner can be responsible.”
The reality: Others can be too. A landlord who knew about a dog’s vicious propensities and had the power to remove it may be liable. So can a business or property owner that keeps a dangerous dog, like a guard dog, on site. And if you were bitten at work, say on a delivery along Northern Boulevard, you generally have workers’ compensation through your employer and may also have a separate claim against the owner.
Myth: “A lawyer won’t bother with a case like mine.”
The reality: A dog bite lawyer in Little Neck is used to hearing from people who aren’t sure their bite “counts.” Some have a few stitches. Some have a child who now won’t go outside. Both are worth a conversation. We’d rather you ask and learn you don’t need us than stay quiet and lose a claim you had.
What’s True About Us
Yakov Mushiyev & Associates has recovered over $80 million for injured New Yorkers. Your first consultation is free, and there’s no fee unless we win. We speak English, Russian and Spanish, and we’re glad to meet you at home, in the hospital or by video if getting around is hard right now. You can learn more on our dog bite practice page, read our overview of New York dog bite laws, or visit our Little Neck injury lawyer page for our other work nearby.
If you’d simply like to talk it through with a Little Neck dog bite lawyer, call us at 718.775.3110. Or leave us a message on the contact page, and someone will get back to you.
Friends and family in nearby neighborhoods can find the same help through our pages for a dog bite lawyer in Douglaston, a dog bite lawyer in Bayside, and a dog bite lawyer in Bay Terrace.
Finding Our Office
We’re at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. The map below lays out the route from Little Neck to our door, so you can plan the trip before you leave home.
Attorney Advertising. We’ve written this page to share general information, and it isn’t legal advice. Every bite is different, so please talk with a lawyer about your own facts.