New York’s rule is unusual, and it is worth understanding
Most people expect that a dog owner is automatically responsible when their dog bites someone. In much of the country that is right. New York is one of the states where it is not, and the distinction decides these cases.
For your medical costs, an owner is strictly liable if the animal is a dangerous dog under the statute — you do not have to prove they were careless. But to recover for the injury itself, for the pain, the scarring and everything beyond the bills, New York requires you to show the owner knew or should have known the dog had vicious propensities. Prior bites, prior lunging, a Beware of Dog sign, a muzzle, complaints from neighbors, a landlord’s records — this is the evidence the case turns on, and it is gathered from outside the owner’s account of events.
Owners are not always the only defendant. A landlord who knew a dangerous animal was on the property, or a business that allowed one on its premises, can be responsible as well.
Report the bite to Animal Care or the health department even if you are reluctant. It creates the record of prior behavior that makes the next person’s case, and often your own.
The cases we handle most
Bites and scarring
Facial and hand injuries in particular, where scarring is permanent and plastic surgery is part of the claim.
Knocked down without a bite
A dog that jumps or charges causing a fall is a claim even where no bite occurred.
Children
Most serious bites in New York involve children, and the injuries are usually to the face and head.
Landlord and premises responsibility
A landlord aware of a dangerous animal in the building can share liability with the owner.
What we do once you call
We make sure the wound is treated and documented properly — infection risk is real — and that the incident is reported so an official record exists.
We identify the owner, confirm the dog’s vaccination and license status, and begin looking for prior complaints and previous incidents.
We obtain agency records and canvass neighbors for the history the owner will not volunteer, and photograph the healing at intervals for the scarring claim.
We demand against the homeowner’s or renter’s policy — which is what usually pays — and add the landlord where the building knew.
Common questions
The owner is a friend. Am I suing them personally?
In practice you are claiming against their homeowner’s or renter’s insurance, which exists for exactly this and which they have been paying for. That is the usual source of payment in dog bite cases, and it is why these claims damage relationships far less often than people fear.
The dog had never bitten anyone before. Do I have a case?
Possibly. Vicious propensity is not limited to prior bites — growling, lunging, straining at a leash, being kept muzzled or behind warning signs can all establish it. And medical costs may be recoverable regardless. It is worth asking rather than assuming.
It was my child. Does that change anything?
Yes, in your favor. Young children are generally not held to an adult standard of care, so arguments that the child provoked the dog carry much less weight. New York also allows a minor’s claim to be brought after they turn 18 in many circumstances — but waiting means losing the evidence, so do not.