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Dog Bite Levels Explained: What Each Level Means for a New York Claim

By Yakov Mushiyev, Esq.January 15, 2026

When people describe a dog attack, they often reach for words like “nip,” “bad bite” or “mauling,” and those words mean different things to different listeners. Dog bite levels give the conversation a shared vocabulary. The most widely cited system, a six-step scale developed by veterinarian and behaviorist Dr. Ian Dunbar, sorts incidents by what the dog’s teeth actually did. This article walks through each step, explains what it tends to look like in an emergency room or a doctor’s office, and then turns to the part that matters most to an injured New Yorker: how the severity of a bite connects to a claim for compensation.

One point deserves emphasis before anything else. The Dunbar dog bite scale is a behavioral tool. Trainers and behaviorists use it to assess a dog, and it is not a legal test or a medical diagnosis. Courts and hospitals do not formally rely on it. Still, it is a useful way to understand an injury, and the facts it captures (how many punctures, how deep, whether the dog held on) often line up with the facts a claim is built on.

Snarling black and tan Rottweiler-type dog baring its teeth, the kind of warning display at the low end of dog bite levels
A bared-teeth warning with no contact sits at the very bottom of the scale, but it can still matter later as evidence.

Why a Bite Scale Exists at All

Dr. Dunbar designed his system so that people working with a dog could describe its behavior objectively. Saying a dog “bit someone” tells a trainer very little. Saying the dog delivered a single bite with two shallow punctures tells the trainer a great deal about how much control the animal exercised over its jaw. The scale measures that control by looking at the wound the dog left behind.

That focus on the wound is what makes the scale relevant outside the training world. An injury lawyer, an insurance adjuster and a treating physician all care about the same physical details, even though none of them uses the scale as an official yardstick. When you can describe your injury in these terms, you give everyone involved a clearer picture of what happened.

Bites are common. According to the American Veterinary Medical Association’s dog bite prevention resources, millions of people in the United States are bitten each year, hundreds of thousands of them need medical attention, and roughly half of all victims are children. Those figures help explain why a common language for severity has caught on.

The Six Dog Bite Levels on the Dunbar Scale

The table below summarizes the six steps. A fuller explanation of each one follows.

Level What the dog did What the injury usually involves
1 Aggressive or obnoxious behavior, no skin contact No physical wound, though a fall or fright is possible
2 Teeth touched skin without puncturing Scrapes, redness or bruising
3 One bite, 1 to 4 punctures, none deeper than half the canine tooth length Shallow puncture wounds that still carry infection risk
4 One bite, 1 to 4 punctures, at least one deeper than half the canine length, deep bruising, or slashes from holding and shaking Deep wounds, possible tissue, nerve or tendon damage
5 Multiple-bite incident with at least two Level 4 bites, or a multiple-attack incident Several serious wounds, often with lasting effects
6 The victim dies A fatal attack

Level 1: Behavior Without Contact

The dog growls, snaps at the air, lunges or acts aggressively, but its teeth never reach the person. There is no bite wound. That does not always mean there is no injury. Someone who backs away from a lunging dog can trip on a curb or stairs, and a broken wrist from that fall is a real harm even though the dog never made contact.

Level 2: Teeth Touch Skin

Here the dog’s teeth contact skin but do not break through. The result is typically a scrape, a red mark or a bruise. People sometimes brush these off, yet a Level 2 incident is worth noting because it shows the dog was willing to put its mouth on a person.

Level 3: Shallow Punctures

A single bite leaves one to four punctures, and none of them goes deeper than half the length of the dog’s canine teeth. Wounds at this step usually need cleaning and medical evaluation. Any break in the skin from an animal’s mouth raises concerns about infection, and a doctor may need to decide whether rabies shots are necessary if the dog’s vaccination status cannot be confirmed.

Level 4: Deep Punctures or Shaking

Level 4 is where many injury claims begin to look serious. At least one puncture goes deeper than half the canine length, or the dog clamped down and shook its head, producing slashing wounds and deep bruising. Injuries at this step can involve lacerations, nerve or tendon damage and scarring that may eventually need plastic surgery.

Level 5: Multiple Serious Bites

This describes an incident with at least two Level 4 bites, or more than one separate attack. Victims at this step frequently need surgery and extended treatment. The physical injuries can include fractures, especially when the person was knocked to the ground, and the emotional aftermath is often significant.

Level 6: A Fatal Attack

The final step describes an attack in which the victim dies. In New York, a family in that situation may have a wrongful death claim, which is generally brought by the personal representative of the estate within two years of the death. Our page on wrongful death claims explains that process.

Two dogs fighting on grass with mouths open, showing the shaking and holding behavior behind higher dog bite levels
Holding on and shaking, rather than a quick snap, is what pushes a bite toward the upper steps of the scale.

What a Dog Bite Level Can and Cannot Do for a Claim

Because dog bite levels are not a legal standard, no New York judge will award compensation simply because a bite was a “Level 4.” What the label does is summarize facts that matter. A deep puncture, a shaking injury or multiple bites all suggest more extensive treatment, a longer recovery and a greater chance of permanent scarring. Those consequences are what a claim actually seeks to recover.

It is also worth knowing the limits. A Level 3 bite to the face of a young child can be far more serious in human terms than a Level 3 bite to an adult’s forearm, even though the scale treats them the same. The scale describes the dog’s behavior; it does not measure how the injury affects a particular person’s life. Medical records, photographs and your own account fill in that part.

If you want to see how injuries like stitches, scarring and infection are handled in practice, our article on stitches, scars and infection after a dog bite covers those issues in more depth.

Severity and the “Vicious Propensities” Rule

New York handles dog bite liability differently from many states. Under the rule the Court of Appeals set out in Collier v. Zambito, an injured person generally has to show that the owner knew or should have known that the dog had “vicious propensities.” That phrase covers more than a history of biting. Evidence that can help includes:

  • earlier bites or attacks, even minor ones;
  • a pattern of growling, snapping or lunging at people;
  • a habit of jumping on people;
  • a “Beware of Dog” sign on the property;
  • keeping the dog chained or muzzled;
  • complaints from neighbors, building staff or others.

This is where the lower steps of the scale take on unexpected importance. A Level 1 or Level 2 incident may produce little or no injury on its own, yet it can become proof of the dog’s tendencies if the same dog later causes a serious bite. If a neighbor’s dog lunged at you last month and someone told the owner, that earlier event may matter a great deal.

There is a second path as well. Under New York’s Agriculture and Markets Law § 123, when a dog has been found “dangerous,” its owner is strictly liable for the medical costs its attacks cause. Our New York dog bite law guide explains both routes in more detail.

How Severity Shapes Damages

The higher a bite sits among the dog bite levels, the broader the losses tend to be. A minor scrape might involve one urgent care visit. A Level 4 or Level 5 incident can mean emergency treatment, surgery, follow-up visits, wound care, physical therapy for nerve or tendon damage, and later scar revision. Each of those steps generates records that support a claim.

Damages in a dog bite case may include medical expenses, lost wages if you could not work, and compensation for pain, suffering and emotional harm. Emotional trauma is especially common in children, who may become afraid of dogs or of going outside. Scarring, particularly on the face or hands, is often a major part of the case because it is visible and may be permanent.

We do not assign a value to any case by its scale number, and no honest lawyer can. For a broader look at what goes into valuing a claim, see our article on dog bite compensation in New York.

Empty hospital corridor with a gurney, where treatment for severe dog bite levels often begins
Deeper bites usually mean more treatment, and every visit adds to the record of what the injury cost.

Who Pays When a Dog Bites

Most dog bite claims are paid through the owner’s homeowners or renters insurance policy, not out of the owner’s pocket. People are often relieved to learn this, especially when the dog belongs to a neighbor, friend or relative they do not want to burden.

Other parties can share responsibility in the right circumstances. A landlord may be liable if it knew about the dog’s vicious propensities and had the power to remove the dog from the property. Businesses and property owners can also be responsible for a dangerous dog kept on their premises. Our article on who pays after a dog attack in Queens goes through these options.

One common misunderstanding: no-fault car insurance does not apply to dog bites. Even if you were bitten while getting out of your car, the no-fault system that covers traffic accidents is not the source of payment here.

Fault can also be shared. New York follows pure comparative fault under CPLR § 1411, which means any recovery is reduced by the injured person’s share of responsibility but not eliminated. Our explainer on comparative negligence in New York covers how that works.

Recording the Details That Matter

Whatever step your injury falls on, the evidence you gather early will help later. Consider these steps:

  1. Get medical care and follow the treatment plan, including any decision about rabies shots.
  2. Photograph the wounds on the day of the bite and as they heal.
  3. Write down the owner’s name, the dog’s description and the address where it lives.
  4. Ask witnesses and neighbors whether the dog has growled at, lunged at or bitten anyone before.
  5. Report the bite. In New York City, bites must be reported to the Health Department within 24 hours, and you can do so through the NYC Health animal bite reporting page.
  6. Keep a daily record of pain, sleep, missed work and emotional effects.

Our guide on keeping an injury and symptom diary offers a simple format for that last step.

Black short-coated dog wearing a blue collar, a reminder to record identifying details after any of the dog bite levels
A collar color, a coat, a size: small details help identify the dog and its owner later.

Time Limits for a New York Claim

Most personal injury lawsuits in New York must be filed within three years under CPLR § 214. For children, who make up a large share of bite victims, the deadline is generally paused until age 18 under CPLR § 208. Waiting still carries a cost, though. Witnesses move, owners rehome dogs and memories fade.

Claims involving a city agency or property, such as a dog kept at a public housing development, can carry much shorter deadlines. A notice of claim is generally due within 90 days. Our guide to the statute of limitations for suing a city in New York explains those rules.

Yakov Mushiyev & Associates handles dog bite cases across Queens and New York City. A first consultation costs nothing, our fee depends on winning the case, and conversations can happen in English, Russian or Spanish. If you would like to talk through your situation, reach our office or call 718.775.3110.

Frequently Asked Questions About Dog Bite Levels

Do I need to know my bite’s level to bring a claim?

No. The scale is a helpful way to describe an injury, but courts and insurers do not require it. What matters is the medical evidence, proof of the owner’s knowledge or a dangerous dog finding, and how the injury has affected your life.

Who decides which level a bite falls on?

Nobody makes an official determination. A behaviorist or trainer might classify an incident when evaluating the dog. In a legal claim, the wound itself, as documented in photographs and medical records, does the describing.

Can a Level 1 or Level 2 incident support a lawsuit?

Sometimes. If you were hurt in a fall while escaping a lunging dog, you may have a claim even with no bite. And a minor incident can become important evidence of the dog’s vicious propensities if the same dog later hurts someone more seriously.

Does a more severe bite mean the owner is automatically liable?

Not on its own. New York generally still requires proof that the owner knew or should have known of the dog’s dangerous tendencies, unless the dog has been found dangerous under AGM § 123, in which case the owner is strictly liable for medical costs.

My child was bitten. Does the scale apply differently to children?

The scale itself is the same, but the impact often is not. Children are frequently bitten on the face and head, and emotional trauma tends to be significant. Their legal deadline is also generally paused until they turn 18.

Visit Yakov Mushiyev & Associates

Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, just off the Cross Island Parkway on the Queens–Nassau border. If you can’t come to us, we’ll come to you: at home, in the hospital or by video.

Attorney Yakov Mushiyev, dog bite lawyer
Attorney Yakov Mushiyev

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This article is general information, not legal advice. Every case is different. Attorney Advertising.

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