State laws › NY
Dog bite law in New York: what you have to prove, and who pays
- Framework No general statute
- Covers Depends on theory
- Damages Full damages available
N.Y. Agric. & Mkts. Law § 123(10)
New York has no strict liability statute for an ordinary dog bite. Liability runs through two common-law theories, and since April 2025 there are two of them rather than one.
The rule
- The statute only reaches adjudicated dangerous dogs.
Agriculture and Markets Law § 123(10) makes the owner or lawful custodian of a dog that a court has already declared dangerous strictly liable for medical costs — medical costs only, and only after that adjudication. It does nothing for an ordinary first bite. Many sources cite this provision as § 121; the sections were renumbered and § 123 is the current number.
- Theory one: the owner knew the dog was dangerous.
The long-standing route. You show the owner knew or should have known the dog had vicious propensities — which does not require a prior bite. Snarling at passers-by, lunging at a fence, or slamming into windows when someone approaches can all count.
- Theory two: ordinary negligence. This is new.
On April 17, 2025 the New York Court of Appeals decided Flanders v. Goodfellow and overruled Bard v. Jahnke, which had made New York the only state in the country barring negligence claims entirely for injuries caused by domestic animals. A dog with no history at all is now within reach if the owner failed to use reasonable care.
Worth knowing
If you were bitten in New York and someone told you before April 2025 that you had no case because the dog had never bitten anyone, that advice is out of date. Flanders changed it.
Who the claim is actually against
In most New York bite claims the money comes from the dog owner's homeowners or renters liability coverage rather than from the owner personally. Liability limits commonly run from $100,000 to $500,000, and the coverage usually follows the dog off the property. Policies routinely exclude specific breeds or dogs with a documented bite history, which is the single most common reason an otherwise good claim goes nowhere.
How homeowners coverage works in a bite claim →
New York recorded the highest average dog-related injury claim cost in the country in 2025 at $92,154, roughly 41% above the national average.
The deadline
There is a filing deadline in New York and it is shorter than most people expect. It can be shortened further if a city, county or state entity is involved, and it can be extended if the injured person is a minor. The general personal injury period is commonly cited as 3 years (CPLR § 214), but do not rely on that figure — including from this page — without confirming the date that applies to your facts with a lawyer licensed in New York.
Cases this page relies on
- Flanders v. Goodfellow 2025 NY Slip Op 02261 (Apr. 17, 2025)
What to do next
If the injury was treated and is healing, there is no lasting scarring, and nobody is disputing what happened, this is the kind of claim most law firms will not take — and the kind you can often handle yourself. The Claim Kit covers it end to end.
If a child was bitten, there is scarring anywhere visible, you needed surgery or a specialist, there is nerve damage, you are still in treatment, or the insurer is denying coverage, talk to a lawyer before you sign anything.
Last reviewed August 2026 · Corrections welcome