Dog Bite Injuries: What You Need to Know

Dog bites can cause serious physical injuries, lasting scars, and emotional trauma. In New York, these cases can be complex, and understanding your rights is an important step toward protecting yourself and your family.

New York Dog Bite Law

Unlike some states, New York dog bite law follows a mixed system. Dog owners are strictly liable for injuries and damages – including medical costs – if they knew, or should have known, that their dog had “dangerous and vicious propensities.”   Victims may also pursue compensation for negligence if the owner failed to act responsibly with regard to their dog, and if that negligence is the cause of the injuries and damages. This is a new change in the law which is further explained below. Therefore, evidence of prior knowledge of aggression, failure to leash, or unsafe property conditions in regard to the dog can make a difference in your claim.

In the recent decision of Flanders v. Goodfellow, NY Slip Opinion 02261 (Court of Appeals), the court reiterated its prior holding that  “the owner of a domestic animal who either knows or should have known of that animal’s vicious propensities will be held liable for the harm the animal causes as a result of those propensities;” and that a vicious propensity includes “the propensity to do any act that might endanger the safety of the persons and property of others in a given situation.” Once an owner’s actual or constructive knowledge of their animal’s vicious propensities is established, the owner “faces strict liability for the harm the animal causes as a result of those propensities.” The Court also made two additional points important points about knowledge of vicious propensities. First, although knowledge of vicious propensities “may of course be established by proof of prior acts of a similar kind of which the owner had notice,” a triable issue of fact “might be raised—even in the absence of proof that the dog had actually bitten some-one—by evidence that it had been known to growl, snap or bare its teeth”

But most importantly, the Court held that a plaintiff may now also assert a common-law negligence cause of action against the owner of a domestic animal for harms caused by that animal. This means that there is now a two-pronged approach to liability for harms caused by animals. A plaintiff who suffers an animal-induced injury therefore has a choice. If the owner knew or should have known the animal had vicious propensities, the plaintiff may seek to hold them strictly liable. Or they can rely on rules of ordinary negligence and seek to prove that the defendant failed to exercise due care under the circumstances that caused their injury. Of course, a plaintiff might also assert both theories of liability.

Common Dog Bite Injuries

Dog bites often lead to serious medical issues, including:

• Deep lacerations and puncture wounds
• Infections requiring antibiotics or surgery
• Nerve damage and permanent scarring
• Psychological trauma, especially in children

These injuries frequently require ongoing treatment, leaving victims with unexpected medical bills and time away from work.

Steps to Take After a Dog Bite

If you or a loved one is bitten:

1. Get medical attention immediately. Untreated bites can lead to serious infections, including rabies.
2. Report the incident to local authorities or animal control.
3. Collect information about the dog and its owner.
4. Document your injuries with photos, witness statements, and medical records.

Taking these steps helps protect your health and strengthens your case.

How an Attorney Can Help

Dog bite cases involve medical records, insurance negotiations, and complex liability issues. An experienced New York dog bite attorney can:

• Investigate the dog’s history and prior incidents
• Gather medical and witness evidence
• Handle communications with insurance companies
• Fight for compensation for medical expenses, lost wages, pain and suffering, and long-term care.

At The Bongiorno Law Firm, we fight for dog bite victims across Long Island, Queens, Brooklyn, Manhattan, and beyond.

Contact Us

If you’ve been injured in a dog bite incident, The Bongiorno Law Firm is here to help. Our team will review your case and guide you through the process.

Call us today at (516) 741-4170 or contact us online for a free consultation.