It happens in a second. You’re walking your daughter home from school along 63rd Drive, or waiting for the elevator in your building on a Saturday morning, and a neighbor’s dog lunges. Maybe it’s a dog you’ve seen a hundred times. Maybe it’s one you’ve always been a little nervous around.
Afterward, the questions pile up, and they’re complicated by the fact that the owner is often a neighbor. Will this ruin the relationship? Is it worth making a claim? Will the dog be taken away? What does the law even say?
We’ve talked with many Rego Park families in this situation, and this guide is our attempt to answer those questions the way we would across a kitchen table. If you’d like to talk to someone directly, call Yakov Mushiyev & Associates, P.C. at 718.775.3110.
First Things First: Take Care of the Bite
Before any legal question, please get the bite looked at, even if it seems small. Dog bites carry a real risk of infection, and puncture wounds can look minor on the surface while going deep. For a child, a pediatrician or urgent care visit the same day is a good idea. For bites to the face, hands or anywhere with heavy bleeding, go to the emergency room.
Ask the dog’s owner for proof of rabies vaccination. In New York City, animal bites are reported to the Health Department, and you can make that report through NYC 311. The report also creates an official record of what happened.
What Changed in 2025, and Why It Matters to You
For almost twenty years, New York had one of the toughest rules in the country for dog bite victims. Under a 2006 case, someone bitten by a dog could generally recover only by proving the owner knew, or should have known, that the dog had “vicious propensities,” a tendency to bite or attack. If the dog had no known history, the case was very difficult, even if the owner had been careless, for example by letting the dog run loose.
On April 17, 2025, New York’s highest court changed that. In Flanders v. Goodfellow, the Court of Appeals overruled the old rule to the extent it barred ordinary negligence claims. Today, a person injured by a dog can bring:
- A strict liability claim, if the owner knew or should have known of the dog’s vicious propensities;
- A negligence claim, by showing the owner failed to use reasonable care; or
- Both.
In plain terms: you no longer have to prove the dog had bitten someone before. If the owner was careless, for example by walking a large dog off-leash on a busy Rego Park sidewalk, or leaving a door open in a building hallway, that carelessness can be the basis of a claim.
Where Dog Bites Happen in Rego Park
Rego Park is a neighborhood of large apartment buildings, co-ops and attached homes, and a lot of dogs live in close quarters with a lot of people. The bites we hear about tend to happen in a few familiar settings:
- Building lobbies, hallways and elevators, where a dog and a person meet in a tight space with nowhere to step away.
- Sidewalks along Queens Boulevard, 63rd Drive and the residential avenues, especially when a dog is on a long or retractable leash, or no leash at all.
- Front yards and driveways on the blocks of attached and detached homes, where a dog gets through a gate or fence.
- Parks, including trips to nearby Flushing Meadows Corona Park and Forest Park, where dogs and children share space.
- Delivery and service visits, where couriers, home health aides and repair workers are bitten entering a home.
The setting matters because it points to who had control: the owner, the person walking the dog, or sometimes a building or business.
What Counts as Careless?
Every case is different, but these are the kinds of facts that come up in negligence claims:
- Walking a dog off-leash in a public place. New York City’s Health Code generally requires dogs in public to be on a leash no longer than six feet.
- Losing control of a dog that is too strong for the person walking it.
- Leaving a door, gate or apartment open so the dog gets out.
- Bringing a dog into a crowded lobby, elevator or playground area without control.
- Ignoring warning signs, like growling, lunging or snapping at people.
And the old strict liability path still exists. Evidence that the dog had growled at, lunged at or bitten anyone before, or that the owner kept warning signs or muzzled the dog, can show knowledge of vicious propensities.
When the Person Bitten Is a Child
Children are bitten more often than adults and are more likely to be bitten on the face, head and neck. That means scarring, sometimes plastic surgery, and sometimes lasting fear of dogs.
A few legal points are specific to kids:
- More time to file. Under New York law, the statute of limitations for a child’s injury claim is generally tolled, or paused, until the child turns 18. Waiting is still a bad idea, because evidence and witnesses disappear.
- Court approval of settlements. Any settlement of a child’s claim must be approved by a court, and the money is typically protected until the child is an adult. This protects your child, and it’s a normal part of the process.
- Future costs matter. A child’s claim should account for future scar revision, counseling and the long-term effect of visible scarring.
“But the Owner Is My Neighbor”
This is the hardest part for many families, and we understand it. Two things are worth knowing.
First, most dog bite claims are paid by insurance, typically the dog owner’s homeowner’s or renter’s policy, not out of the neighbor’s pocket. Making a claim is often how an insurance policy is supposed to work.
Second, a claim isn’t a judgment about the dog or the neighbor as people. It’s how medical bills, lost wages and the very real harm of a bite get covered. Many claims are resolved without anyone ever going to court.
Who Else Can Be Responsible?
- The owner of the dog, and in some cases the person who was handling it.
- A landlord or building owner, in limited situations, generally when they knew about a dangerous dog and had the ability to do something about it.
- A business where the bite happened, such as a pet store, groomer or daycare, depending on the facts.
New York’s Agriculture and Markets Law also has its own procedures for dogs that have been formally determined dangerous, including the owner’s responsibility for a victim’s medical costs in those cases.
A Simple Checklist for Rego Park Families
- Get medical care, the same day if you can.
- Get the owner’s name, address and phone number, and ask for rabies vaccination proof.
- Photograph the wounds right away and as they heal. Scars change over months.
- Photograph the location, and the dog if you can do so safely.
- Get names of witnesses: neighbors, doormen, other parents.
- Report the bite through 311.
- Write down what happened, including anything you knew about the dog’s behavior before.
- Keep every medical bill, receipt and note from school or work.
- Talk to a lawyer before giving a recorded statement to the owner’s insurer.
How a Dog Bite Claim Usually Unfolds
- Treatment and documentation. Medical care comes first, along with photos of the injury as it heals.
- Identifying the insurance. Your lawyer finds the owner’s homeowner’s or renter’s policy, or other coverage.
- Gathering evidence. Witness statements, the 311 report, building records and anything showing the dog’s history or the owner’s carelessness.
- A demand to the insurer once the medical picture, including scarring, is clear.
- Negotiation, or a lawsuit if needed. Many dog bite claims settle without trial.
Deadlines
| Deadline | What it covers |
|---|---|
| 3 years | Personal injury lawsuit by an adult (CPLR § 214) |
| Tolled until age 18 | Statute of limitations for a child’s claim (subject to limits) |
| 90 days | Notice of claim if a city-owned dog or city property is involved |
What Can Be Recovered
- Medical bills, including emergency care, surgery and plastic surgery
- Future treatment, including scar revision
- Counseling for fear, anxiety or trauma
- Lost wages for an adult victim, or a parent’s lost time for a child’s care
- Pain and suffering, including the emotional impact of permanent scarring
Unlike car accident claims, dog bite claims don’t require meeting New York’s no-fault “serious injury” threshold, and they aren’t covered by the 2026 change to the comparative fault rule for motor vehicle cases.
About Our Firm
Yakov Mushiyev & Associates, P.C. is a Queens personal injury firm that represents dog bite victims and their families. Visit our Rego Park dog bite lawyer page, read about attorney Yakov Mushiyev, or see all the cases we handle on our Rego Park practice page. If you were hurt by a fall in a building rather than a dog, our Rego Park slip and fall guide may help.
Directions From Rego Park to Our Office
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. By car, take the Van Wyck Expressway south to the Belt Parkway east. By transit, take the M or R to Forest Hills–71st Avenue, the E or F to Jamaica and the LIRR to Rosedale. With a young child recovering at home, a trip may be hard; call first and ask about a phone or video consultation.
Open turn-by-turn directions in Google Maps · 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422 · 718.775.3110
Dog Bite FAQs
Will the dog be put down if I make a claim?
A personal injury claim is about compensation, not the dog. Separate processes govern whether a dog is declared dangerous, and those depend on the facts of the incident and the dog’s history.
The dog never bit anyone before. Do I still have a case?
Possibly. After Flanders v. Goodfellow, you can pursue a negligence claim based on the owner’s carelessness, even without proof of a prior bite.
What if the dog jumped on me and knocked me down, but didn’t bite?
Injuries from being knocked over, chased or tripped by a dog can also support a claim. The same strict liability and negligence rules apply.
I was bitten while working, delivering a package. Who pays?
You may have both a workers’ compensation claim through your employer and a claim against the dog’s owner. Tell your employer right away and keep a copy of the report.
The owner’s insurance company wants a statement. Should I give one?
Get advice first. Early statements are often used to downplay injuries or suggest that the person bitten provoked the dog.
Talk to a Queens Dog Bite Lawyer
If you or your child was bitten in Rego Park, call Yakov Mushiyev & Associates, P.C. at 718.775.3110 or reach out online.
General information, not legal advice. Attorney Advertising. Prior results do not guarantee a similar outcome.