New York recognizes several theories of liability for dog bites: negligence, strict liability based on the one-bite rule, and strict liability for only medical costs if the attacking dog had previously been adjudicated to be a dangerous dog. In 2025, significant changes occurred in New York dog bite law as a result of Flanders v. Goodfellow and the brutal attack on a dog named “Penny.” (See Big Win for Dog Bite Victims in New York Is Part of a Trend.)
Negligence Liability in New York
On April 17, 2025, the state’s highest court (Court of Appeals) reversed course and ruled that negligence is a proper ground for dog bite liability. See Flanders v. Goodfellow.
The infamous Bard case held that there was no such thing as negligence when it came to responsibility for the bad conduct of any domestic animal. The Bard case was soon applied to bar negligence cases involving dog bites. In 2015, there began a legislative attempt to correct the Bard decision. State Senator Robert J. Ortt (R-Dist. 62) asked Attorney Kenneth M. Phillips to propose revisions of the New York statutes involving dog bite liability, and Mr. Phillips responded with a draft of a bill that would have brought New York law in alignment with two-thirds of American states, including both “red states” and “blue states.” Sen. Ortt’s bill was pending in one committee after another and unfortunately died in 2020 in the Domestic Animal Welfare Committee.
The Court of Appeals finally reversed the Bard case, which had held that there was no such thing as dog owner negligence in the state of NY.
“The time has come to set aside Bard’s rule that an owner of a domestic animal may not be held liable in negligence for harms caused by their animal.”
Strict liability for medical costs if dog is “dangerous”
Agriculture & Markets Law, Section 123, makes the “owner or lawful custodian” of a “dangerous dog” “strictly liable” for medical costs resulting from “injury” caused by such dog to a person, “companion animal,” farm animal or “domestic animal.”
- The “owner” is a person who harbors or keeps the dog. (Sec. 108, subd. 15.)
- A “dangerous dog” is one that “without justification” either (a) attacks and injures or kills a person, “companion animal,” farm animal or “domestic animal” or (b) “behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death” to one or more of the foregoing. (Sec. 108, subd. 24(a).) There is an exception for dogs assisting the police. (Sec. 108, subd. 24(b).) The conduct of the victim, either on the day of the attack or at a much earlier time, also can exempt a dog from “dangerous” status. (Sec. 121, subd. 4.)
In addition to liability for medical costs, the owner of a dangerous dog may be required to pay a fine if his negligence results in a dog bite to a person, service dog, guide dog or hearing dog. The amount of the fine depends on whether the injury was to a person or animal, the seriousness of the injury, and whether the dog previously was adjudicated to be a dangerous dog. Agriculture & Markets Law, Section 123, subdivisions 6, 7 and 8.)
Criminal penalties
If a dog owner negligently permits his dog to bite a person, the dog previously was declared to be dangerous, and the injury is a “serious injury,” the dog owner can be convicted of a misdemeanor ($1000 file and 90 days in jail). Agriculture & Markets Law, Section 123, subdivision 8.) A “serious injury” is one that causes death or presents the risk of death, or causes “serious or protracted” disfigurement, “protracted impairment of health or protracted loss or impairment of the function of any bodily organ.” Agriculture & Markets Law, Section 108, subdivision 29.)
If a dog previously declared dangerous escapes or otherwise gets to a person and kills him, the owner can be convicted of a class A misdemeanor, in addition to other penalties and civil liability. Agriculture & Markets Law, Section 123, subdivision 9.)
Evidence of vicious propensity
The state’s highest court has ruled that a jury is entitled to consider any evidence of a dangerous propensity, and that a prior bite is only one such type of evidence:
[W]hile 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 as to whether the owner knew or should have known that its animal harbored vicious propensities may be raised by proof of something less (Collier, 1 NY3d at 446). In Collier, a case in which a dog bit a child, we gave the example of evidence that a dog had, for example, “been known to growl, snap or bare its teeth,” or that “the owner chose to restrain the dog, and the manner in which the dog was restrained” (id. at 447). “In addition, an animal that behaves in a manner that would not necessarily be considered dangerous or ferocious, but nevertheless reflects a proclivity to act in a way that puts others at risk of harm, can be found to have vicious propensities albeit only when such proclivity results in the injury giving rise to the lawsuit” (id.). [Bard v. Jahnke, 6 NY3d 592 (N.Y. 2006).]
Presence of “Beware of Dog” signs standing alone are not enough to imply that dog owner knew of his dog’s vicious propensities. Altmann vs Emigrant Savings Bank, 249 AD2d 67, 68 (First Dept, 1998); Frantz vs McGonagle, 242 AD2d 888 (Fourth Dept, 1997); Arcara vs Whytas, 219 AD2d 871, 872 (Fourth Dept, 1995).
A defendant who establishes by undisputed proof that his dog had never bitten anyone before and had never bared its teeth or growled at anyone before is entitled to summary judgment. Arcara vs Whytas, 219 AD2d 871, 872 (Fourth Dept, 1995).
The fact that a dog was chained and strained on its chain and barked when people approached was held insufficient to create an inference that the dog was vicious. Gill vs Welch, 136 AD2d 940 (Fourth Dept, 1988).
In determining whether an animal has vicious propensities, a jury may consider the nature and the result of the attack on the victim. Lynch vs Nacewicz, 126 AD2d 708, 709 (Second Dept, 1987).
Evidence of the severity of injuries by prior victims of same dog is admissible as probative of the dog’s vicious propensities and the owner’s knowledge of same. Lynch vs Nacewicz, 126 AD2d 708, 709 (Second Dept, 1987).
Negligence per se
New York has a unique restriction on the doctrine of negligence per se. If a person violates a state law, the violation constitutes negligence per se, and equals negligence without more proof. If a person violates a city or county law, however, the violation constitutes evidence of negligence but not negligence per se. Kevin Elliott v. City of New York, 95 N.Y. 2d 730; 747 N.W.2d 760 (2001) (“As a rule, violation of a State statute that imposes a specific duty constitutes negligence per se, or may even create absolute liability. [Citations omitted.] By contrast, violation of a municipal ordinance constitutes only evidence of negligence.”)
The Court of Appeals has specifically held that there is no cause of action for negligence when a dog bites a person while in violation of a leash law. (Petrone v. Fernandez, 12 N.Y.3d 546, 550, 910 N.E.2d 993, 996 (2009).) However, that might change after Flanders v. Goodfellow.
Landlord liability
To hold a landlord liable for a bite injury caused by a tenant’s dog, the victim must prove that at the time of the initial leasing the landlord had actual knowledge of (1) the presence of the dog and (2) the dog’s vicious propensity to bite humans. Strunk v. Zoltanski, 62 N.Y.2d 572, 468 N.E.2d 13, 479 N.Y.S.2d 175 (1984). Landlords can even be held liable for off premises attacks under the general common-law rule where the landlord has the right to remove the animal by evicting the tenant. Strunk v. Zoltanski, supra, 62 N.Y.2d at p. 576; see also Cronin v. Chrosniak, 145 App. Div. 2d 905, 906–907, 536 N.Y.S.2d 287 (1988).
Summary Judgment
If a defendant fails to submit admissible evidence his summary judgment motion must be denied. Pringle vs New York City Housing Authority, ___AD2d____; 689 NYS2d 181, 182(Second Dept, 1999).
If there is conflicting evidence regarding the dog’s vicious propensities, that issue must be given to the jury to decide. Frantz vs McGonagle, 242 AD2d 888 (Fourth Dept, 1997).
Proof that dog was bred to be aggressive and was high strung and territorial not enough to raise issue of fact regarding the dog’s vicious propensities or owner’s knowledge of same. Wilson vs Whiteman, 237 AD2d 814, 815 (Third Dept, 1997).
Damages
Out-of-pocket, lost wages and punitive damages were all recoverable in Nardi vs Gonzalez, 165 Misc 2d 336, 339 (1995)(note that although this case involved a dog injuring another dog, the court stated that such damages could be recoverable in an attack on a human).
Damages of $310,000.00 were held excessive where evidence indicated that the victim was able to perform most of her household duties and work full time, and was coping with phobia of dogs by seeking counseling. Fontecchio vs Esposito, 108 AD2d 780, 781-782 (Second Dept, 1985).
An attack on another dog or companion animal
An attack on another dog or companion animal can result in serious consequences for the dog owner or keeper as well as the attacking dog itself. A judge or magistrate can determine that the dog is dangerous and impose penalties on the owner and conditions of confinement of the dog. The dog even can be euthanized if it previously was declared dangerous and this time it inflicted serious injuries or death on another dog. For more information, see Agriculture & Markets Law, Section 123.
Change the dog bite law of New York
New York needs to enact a strict liability dog bite statute. Although New Yorkers believe in fairness for all, they have stuck with dog bite laws that are almost exactly the same as those that were created in the 17th century by British judges for the quaint English countryside, when there were no pit bulls, the practice of dog fighting had not been invented, there was no insurance industry to spread the risks, and there was no USA with its focus on fairness and human rights. All those things have changed, and that is why dogs have lost their right to bite in most states. Reliance on the one bite rule and the doctrine of negligence is wrong for our times, in modern New York or any other American state
New York needs a strict liability law like that of nearby New Hampshire. The state of New Hampshire has a law pertaining to canine-inflicted injuries that covers any cause of damage by a dog, and applies to injuries to not only humans but also any form of property, including another dog or cat. (The text of the statute is set forth at the New Hampshire section of dogbitelaw.com.) Such a law is worth fighting for. (For more, see Help New York Improve Its Dog Bite Law.)