Lawmakers around the USA are planning to get tough with bad dogs and their owners.
April 2025 saw an event like something that happened during the Kentucky Derby in May 2009. There was a horse named Mind That Bird. The odds on him were 50 to 1. He started the race in last place. But he came from behind and zoomed past everyone on the inside rail to win the race by over six lengths. It shocked the crowd and made headlines around the world.
Until April 2025, New York dog bite law lagged behind all of the other states and the District of Columbia. Those 50 jurisdictions recognized that a person injured by dog owner negligence deserved compensation. New York said no.
In 2006, New York’s highest court ruled there was no such thing as dog owner negligence. This meant dog owners in New York had no reason to act safely. They could be careless and ignore the danger. If their dog hurt someone, even killed someone, they were still off the hook. Only the second victim had a chance to get justice. The first victim’s injury or death didn’t matter under the law.
Fifty states protected their residents from dog owner negligence. One state didn’t. Just like Mind That Bird, the state of New York was down by 50 to 1 in dog bite law.
But that changed on April 17, 2025. On that day, the state’s highest court announced that it changed its mind about dog bite liability. In a case called Flanders v. Goodfellow, the court said it had made a mistake in 2006. Now, victims can sue dog owners for being careless. New Yorkers finally have rights to fair compensation that are similar to everyone else in the country. (See Attorney Kenneth M. Phillips’ explainer video, Flanders v. Goodfellow.)
There are states with better laws, however. The dog bite statutes of states like New Hampshire and Connecticut make owners liable for damage to property (i.e., tires that are destroyed by chewing) and other animals (such as dogs belonging to neighbors). The New York statutes about dog bites are still inadequate, but at least the doors of the court are now open for victims of dog owner negligence.
So far, we have been talking only about the civil side of New York dog bite law. The civil law of negligence allows the victim to sue the dog owner for money to pay for things like medical bills, pain, and lost wages. But money is not always enough. As members of society, we expect more from our government. We expect it to protect us from harm. When someone acts in a way that puts others in danger, we don’t just want them to pay—we want them to be punished. That is why we have criminal laws. So what happens when a dog owner in New York or elsewhere puts others in danger?
In New York, dog owners can be punished for bad conduct when their dogs hurt people. If a dog owner acts in a way that is reckless or criminal, they can be charged with a crime. Agriculture and Markets Law, section 123, says a dog owner will face jail time if his dog has already been declared dangerous, and then the owner lets it hurts a second person. If the dog kills that person, the owner can be charged with a felony. That means serious punishment, like going to prison.
Even if the dog has never been declared dangerous before, an owner can still be arrested under other laws. For example, if the owner uses the dog as a weapon, or lets the dog loose in a way that shows total disregard for safety, the police can charge the owner with reckless endangerment. If the dog attack is part of a pattern of abuse or threats, more charges can apply.
These laws are not used often. In most cases, even when people get badly hurt, the dog owner is not charged with a crime. But it took a dog-on-dog attack to trigger what might be a second important change in New York dog bite law.
On May 1, 2025, just two weeks after Flanders v. Goodfellow, two pit bulls attacked a Chihuahua named Penny on a street in Manhatten’s upper west side. Bystanders rushed to help, but Penny suffered serious injuries, including multiple puncture wounds and two six-inch gashes. The entire incident was videoed and made the news for days.
Penny’s owners and other New Yorkers soon were outraged to learn that no crime had been committed, according to the NYPD. There is no specific statute against dog-on-dog attacks in the Empire State.
New York treats dogs as property, so when one dog attacks another, it’s considered a property damage issue, not a criminal matter.
Several other jurisdictions criminalize a dog owner’s negligence when their dog harms another domestic animal, such as a pet dog. These laws are distinct from those targeting dog fighting and focus on holding owners accountable for failing to control their dogs, especially if the dog has a history of aggression.
Under California law, for example, if a dog previously declared “potentially dangerous” or “vicious” attacks another domestic animal, the owner can face criminal penalties. Penalties may include fines up to $1,000, restrictions on owning dogs for up to three years, and, in severe cases, euthanasia of the dog.
Colorado’s statutes define a “dangerous dog” as one that inflicts serious injury or death on a person or domestic animal. Owners of such dogs can be charged with misdemeanors or felonies, depending on the severity of the incident. Penalties range from fines to imprisonment, and courts may order restitution for damages caused.
In Florida, if a dog previously classified as dangerous attacks and causes severe injury or death to another domestic animal, the owner can be charged with a misdemeanor or felony. Penalties may include fines, mandatory confinement of the dog, or euthanasia, depending on the circumstances.
Illinois law distinguishes between “dangerous” and “vicious” dogs. A dog that has attacked another animal without provocation can be deemed vicious. Owners of such dogs may face criminal charges, fines, and restrictions on owning pets in the future.
Lawmakers in New York, both in the state government and in cities, are now working on a new law. It will be called Penny’s Law. The goal is to make it a crime when a dog owner is careless and their dog hurts another animal. If this law passes, dog owners could be charged with crimes like “cruelty to animals through negligent handling of a dog” and “leaving the scene of an animal attack.”
Penny’s Law and the court case Flanders v. Goodfellow are part of a bigger change. All across the country, more people are saying that dog owners should be held responsible, both in civil court and criminal court, when their carelessness harms a person or domestic animal.
Lawmakers should use model laws. Model laws are a framework or guide for legislation, aimed at promoting uniformity and best practices in a specific area of law. While a model law doesn’t become law until adopted by a legislature, it serves as a template for creating similar laws in different places. Lawmakers should base new laws on the model laws by Attorney Kenneth M. Phillips, which include:
These model laws make rules for dangerous dogs and reckless owners. They also help bite victims get compensation without having to prove the owner was negligent or did something wrong. That matters because most dog attacks happen between people who know each other—like friends, neighbors, or family.
Good dog laws should help people stay safe without destroying relationships. Laws should bring communities together, not tear them apart.