Dog Bite Law in New York: What Every Parent and Pet Owner Should Know
If your child has been bitten by a dog in your neighborhood—or if your dog has bitten someone else’s child—you’re probably feeling overwhelmed, unsure of your next steps, and maybe even afraid of what could happen next. These are common reactions. The good news is that New York law provides clear guidelines for both victims and dog owners when it comes to dog bites.
Hi, I’m Scott Peterson, a plaintiff’s litigation attorney based in Saratoga Springs, New York. I help families across the state understand their legal rights in personal injury cases, including animal attacks. Here’s a breakdown of how dog bite liability works in New York and what you should know if you find yourself in this difficult situation.
Dog Bite Laws in New York: Understanding Liability
In New York, the law surrounding dog bites is somewhat unique compared to other states. Here, the key concept is “vicious propensity.” This means that a dog owner can be strictly liable if their dog has a known tendency toward aggression or dangerous behavior.
So, what does this mean for you?
- If your child was bitten by a dog, you may have a valid legal claim if the dog had previously shown signs of aggression.
- If your dog bit someone, you could be held responsible if there’s evidence your dog had shown violent tendencies before, even if the dog had never bitten anyone.
What Counts as “Vicious Propensity”?
Previously, New York followed the “one free bite” rule—meaning a dog had to bite someone once before the owner could be held liable. However, that’s no longer strictly the case.
Now, courts may consider a dog’s prior behavior, such as:
- Lunging or snapping at people or other animals
- Growling aggressively
- Attempting to break free from restraints
- Barking excessively in a threatening manner
- Previous reports or complaints filed by neighbors or the local animal control office
All of these may be considered signs of a vicious propensity, even if no one had been bitten before.
Gathering Evidence After a Dog Bite Incident
If your child or family member was bitten, it’s important to take immediate steps to gather information that could help your case:
- Ask if the dog has bitten anyone before or has ever been involved in a previous attack.
- Talk to neighbors, who may have seen aggressive behavior in the past.
- Obtain veterinary records, which might show that the dog had behavioral issues documented by the owner or vet.
- Photograph injuries and document medical treatment as soon as possible.
An experienced personal injury attorney can help investigate and collect this type of evidence to build your case.
Concerned About Suing a Neighbor or Friend?
Dog bite incidents often involve pets we know—or people we know. Understandably, many people hesitate to file a claim because they don’t want to strain relationships.
However, it’s important to note that in most cases, these claims are handled by the dog owner’s homeowners insurance, not paid out-of-pocket by your neighbor or friend. The purpose of insurance is to protect against exactly this kind of unexpected event.
When to Contact a Lawyer
If you or your child has been bitten by a dog—or if your dog has bitten someone else—it’s smart to speak with a personal injury lawyer who understands New York dog bite laws.
We regularly help people just like you who are dealing with animal attacks, insurance questions, and injury claims. There’s no pressure, and consultations are always confidential.
📞 Have questions about dog bites or insurance coverage in New York? Contact us today—we’re here to help.