If you or a loved one has been bitten by a dog in New York, you might have heard the phrase, “Every dog gets one free bite.” But what does that actually mean—and is it true under New York law?
I’m Scott Peterson, a personal injury attorney at D’Orazio Peterson, and in this FAQ Friday segment, we’re diving into what New York law really says about dog bites and animal attacks.
The Basics: New York’s Dog Bite Law
New York’s approach to dog bite cases is unique. Unlike some other states that follow strict liability rules, New York law says that in order for a dog owner to be held legally responsible for injuries caused by their dog, the victim must prove that the dog had “vicious propensities”—and that the owner knew or should have known about them.
So, is there really a “free bite” rule? Not exactly. But here’s where the idea comes from.
What Are “Vicious Propensities”?
In legal terms, “vicious propensities” means that a dog has a history of aggressive or dangerous behavior. This doesn’t just mean biting. It can include behaviors like:
- Growling or snapping at people
- Chasing pedestrians or cyclists
- Barking aggressively at strangers
- The owner needing to restrain or isolate the dog when guests visit
If the dog has previously bitten someone, that’s strong proof of vicious propensities. In those cases, the owner is usually strictly liable for any injuries the dog causes after that first incident.
But even if the dog has never bitten anyone before, the owner can still be held responsible if there’s evidence of prior aggressive behavior. Courts in New York have ruled that repeated signs of aggression—even without a bite—can be enough to establish liability.
What If You Were Bitten by a Neighbor’s Dog?
We often see cases where a dog bites a friend, neighbor, or even a delivery worker. The victim is understandably shocked—but once we dig into the dog’s history, we often find red flags that suggest the owner knew the dog posed a risk.
Examples include:
- The dog always lunges at the fence when someone walks by
- Visitors have been warned not to go near the dog
- The dog has escaped and chased people in the past
All of this can be used to show that the dog had known vicious tendencies—and that the owner should be held liable.
Injured by a Dog in New York? You Have Rights
Dog attacks can be extremely traumatic, both physically and emotionally. Victims often suffer from severe injuries like:
- Deep puncture wounds
- Permanent scarring
- Nerve damage
- Emotional trauma and PTSD
- Loss of vision or function
If this has happened to you or your child, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and more.
How We Can Help
At D’Orazio Peterson, we’ve helped many New York families hold negligent dog owners accountable. These cases are often complex, but we know what to look for—and how to build a strong case for you.
If you’re dealing with a dog bite injury and have questions, feel free to reach out. We’re here to help.
Need Help After a Dog Bite in New York?
Contact D’Orazio Peterson for a free consultation. Let’s talk about your options and how we can help you move forward.