Who is Liable for a Dog Bite in New York?

A dog attack is a terrifying experience that can leave lasting physical and emotional scars. At Chelli & Bush, Attorneys at Law, we know that behind every claim is a victim and family trying to heal and move on from a challenging time. Whether you were bitten by a neighbor’s pet at their home or walking in a public park, our Staten Island dog bite lawyers can help you understand your legal rights and who may be liable for your injuries. 

Key Takeaways

• In New York, dog owners are strictly liable for medical bills, but to recover other damages you must prove they were negligent or knew the dog was dangerous.
• You can pursue a claim even if the dog had no prior history of biting.
• Homeowners and/or renters’ insurance may cover damages in a dog bite case.
• Our personal injury law firm has recovered over $500 million for clients in Staten Island, Brooklyn, and surrounding communities. 

Dog Bite Law in New York

The legal landscape for dog bite cases changed significantly in 2025 with the Flanders v. Goodfellow decision. Previously, New York followed a "one-bite rule," which made it difficult to sue for damages unless the dog had a known history of aggression. Now, victims can file a dog bite claim based on simple negligence. This means that if an owner failed to use reasonable care and made a misstep like leaving a gate open or failing to use a leash, they can be held liable for damages such as lost wages and pain and suffering, even if the dog was never aggressive before.

New York uses a pure comparative negligence system. Although you can recover compensation if you’re partially at fault, it will be reduced by your percentage of responsibility for a dog bite. For example, if a jury decides you were 10% responsible, you would still receive 90% of the damages awarded. 

• The six-foot leash rule — In New York City and boroughs like Staten Island, all dogs in public places must be restrained by a leash no longer than six feet.
• Mandatory 24-hour reporting — NYC also requires that every animal bite be reported to the Department of Health and Mental Hygiene within 24 hours. To do this, call 311 or report an animal bite online.
• Vaccination and licensing — NYC law requires all dogs to be licensed and up to date on rabies vaccinations. 

Determining Dog Bite Liability

To establish liability in a dog bite case it’s important to look at the specific circumstances, as more than one party may be responsible for damages. 

The primary responsibility for a dog bite rests with the dog owner. In New York, owners are strictly liable for the medical expenses resulting from an attack. To recover other damages, such as pain and suffering, you must prove that their negligence caused your injury. 

Liability can extend to the person responsible for the dog’s care at the time of the attack as well. If a pet sitter, dog walker, or even a friend had control of the dog when the bite occurred, they may be liable if they acted negligently. 

If a tenant’s dog bites someone on their property, a landlord could be liable for damages. However, it must be demonstrated that they knew the dog was on the premises and had aggressive tendencies but failed to remove it. 

Most dog bite claims are covered by homeowners or renters’ insurance. New York prohibits insurance companies from denying coverage based solely on a dog’s breed. This helps to ensure victims can recover damages regardless of what type of pet caused their injuries. 

What to Do After a Dog Bite

There are some important steps you should take after a dog bite, to protect your health and your rights.

If the dog's owner is present, request proof of rabies vaccination, and get their name and contact information. If the dog is in someone else’s care, ask that person for the owner’s information. Take photos of your injuries and the scene where the dog bite happened. 

Dog bites carry a high risk of infection, so it’s best to go to the emergency room or urgent care right away. A doctor can determine whether you need a tetanus shot or rabies treatment, which may be needed if the dog's vaccination history is unknown.

Report the bite to the NYC Department of Health and Animal Care Centers of NYC (ACC) within 24 hours. This creates an official record and helps authorities determine whether the dog should be declared dangerous. If you’re in immediate danger or seriously injured, call 911.

Our dog bite attorneys in Staten Island can evaluate your case and help you understand your rights and options. We’re familiar with local ordinances and state laws that could impact your case. Seeking the counsel of a lawyer also helps to ensure evidence such as surveillance footage is preserved before it disappears. 

Proving Your Dog Bite Case

To pursue damages beyond medical bills, a dog bite lawyer may need to prove that the owner knew of the dog’s aggressive propensities or acted carelessly.

Evidence that helps us prove your case includes:

• Previous complaints with ACC, Department of Health, or NYPD
• Witness testimony
• Surveillance video
• Violations of local leash laws

Although owners are responsible for maintaining control of their dogs, they often try to avoid accountability by claiming the victim provoked their pet or was trespassing on their property. We know how to counter these assertions with strong evidence and compelling narratives that clarify exactly what happened, the severity of your injuries, and how they have affected your life. 

Types of Damages in Dog Bite Cases

The aftermath of a dog attack can be devastating, especially when the victim is a child. Permanent scarring, disfigurement, head injuries, and psychological trauma can have a lifelong impact on a victim’s well-being.

Our dog bite lawyers can help you pursue damages such as:

• Past and future medical expenses
• Wage loss
• Loss of earning capacity
• Compensation for permanent scarring or disfigurement
• Pain, suffering, and emotional trauma
• Loss of enjoyment
• Loss of consortium

If you’ve lost someone you love in a dog attack, a personal injury attorney can take a look at your case and determine whether a wrongful death claim may be an appropriate way to pursue justice. 

Why Choose Our Staten Island Dog Bite Lawyers?

• A 50-year record of success—Our team has a proven track record of successfully recovering compensation for injured victims and serves hundreds of clients in New York each year.
• Compassionate advocacy when you need it most—We treat your case with the care and professionalism it deserves and ensure you feel supported every step of the way.
• Experience handling complex animal attack claims— Our attorneys possess deep knowledge of dog bite statutes and have the tenacity, patience, and knowledge to go up against powerful insurance companies and win.
• Contingency fee structure—You pay no upfront costs or attorneys’ fees unless we recover compensation for you. 

Find a Dog Bite Lawyer Near You in Staten Island

At Chelli & Bush, Attorneys at Law, we understand that being hurt in an animal attack can be life-changing. Call 718-987-8444 or contact us to schedule a free consultation with a dog bite attorney near you in Staten Island. We serve clients in Staten Island, Brooklyn, and surrounding communities. 

Frequently Asked Questions About Dog Bite Cases in New York

What happens if a dog is declared dangerous?

If a judge or authorized hearing officer determines that a dog fits the legal definition of dangerous, the owner may be required to use a muzzle in public, maintain special insurance, or even have the dog humanely euthanized.

Do dog bite cases go to court?

Most dog bite claims are settled through negotiation before ever reaching a courtroom. However, if an insurer refuses to offer a fair settlement, our legal team is fully prepared to take your case to trial.

How long do I have to file a claim after a dog attack in New York?

In New York, the statute of limitations for filing a personal injury lawsuit is typically three years. However, it’s important to act fast to preserve valuable evidence.