New York State Dog Bite Lawyer
Finkelstein & Partners
1279 Route 300
Newburgh, NY, 12551
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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959
When a dog attack leaves you or a loved one injured, the physical pain is only part of the trauma. Victims face mounting medical bills, emotional distress, permanent scarring, and uncertainty about their legal rights. At Finkelstein & Partners, our New York dog bite injury lawyers have spent over 65 years fighting for the compensation dog attack victims deserve.
If you’ve been bitten or attacked by a dog anywhere in New York State, our dog bite injury law firm is ready to help you pursue justice. Contact us today for a free consultation to discuss your case.
Understanding New York’s Dog Bite Laws
New York follows a dual liability system for dog bite injuries, and as of April 2025, that system is significantly more favorable to victims than it has been in nearly two decades.
Under the longstanding framework, dog owners whose dogs had been officially designated as “dangerous” faced strict liability for medical costs under Agriculture & Markets Law §123. For all other damages, victims were required to prove the owner knew or should have known of the dog’s vicious propensities. Crucially, a separate line of case law blocked victims from pursuing ordinary negligence claims against dog owners altogether.
That changed with a landmark ruling.
The Flanders v. Goodfellow Decision (April 2025)
On April 17, 2025, the New York Court of Appeals issued its ruling in Flanders v. Goodfellow (2025 NY Slip Op 02261), fundamentally reshaping dog bite law in New York State. The case involved a postal carrier who suffered a severe shoulder injury requiring multiple surgeries after being bitten while delivering a package. The court made two important rulings:
Negligence Claims Are Now Permitted
The court overruled Bard v. Jahnke (2006), which had barred negligence liability for harm caused by domestic animals. The court found the prior rule “inconsistent with ordinary tort principles” and “unworkable.” Dog bite victims in New York can now pursue compensation by proving the owner failed to exercise reasonable care, even if the dog had no documented history of aggression.
Strict Liability Based on Constructive Knowledge Was Affirmed
The court found a triable issue of fact as to whether the dog owners had constructive knowledge of the dog’s vicious propensities, based on affidavits from other postal workers describing the dog’s aggressive behavior on the route.
What This Means for Victims
Before Flanders, a victim whose attack appeared to be a dog’s “first” offense often had limited or no legal recourse. Today, victims have two paths to recovery:
- Strict liability, if the owner knew or should have known of the dog’s vicious propensities, or if the dog had been formally designated as dangerous under § 123
- Negligence, if the owner failed to take reasonable precautions, such as proper leashing, secure fencing, adequate restraint, or appropriate supervision
This expansion of the law makes it more important than ever to work with an experienced New York dog bite injury lawyer who understands how to build a case under both theories.
Strict Liability Under Agriculture & Markets Law §123
New York’s Agriculture & Markets Law §123 establishes strict liability for owners of dogs formally designated as “dangerous.” When a designated dangerous dog causes injury to a person or another animal, the owner is automatically liable for medical costs; no proof of negligence or fault is required.
However, strict liability under §123 covers medical expenses only. Recovery of additional damages, including pain and suffering, lost wages, and emotional distress, still requires proving the owner knew of the dog’s dangerous propensities or was negligent under the Flanders standard.
What Constitutes Vicious Propensity in New York?
Even after Flanders, proving the owner’s knowledge of vicious propensity remains a powerful basis for recovery and is required for full damages when the negligence theory is unavailable or weaker. Our dog bite injury law firm investigates several factors that New York courts consider:
- Evidence of Previous Aggressive Behavior:
- Prior bite incidents involving people or animals
- History of growling, snapping, or lunging at strangers without provocation
- Records of attacking or fighting with other animals
- Complaints filed with local animal control or health departments
- Owner’s Knowledge and Precautions:
- Whether the owner regularly used a muzzle on the dog
- “Beware of Dog” signs on the property (though these alone don’t establish vicious propensity)
- Warnings the owner gave to visitors about the dog’s behavior
- Previous incidents where the owner restrained the dog from approaching others
A previous dog bite almost always establishes vicious propensity. But our New York dog bite injury lawyers can now also pursue negligence claims, meaning that even if no prior attack occurred, owners can be held accountable for failing to take reasonable precautions.
Common Dog Bite Injuries We Handle
Dog attacks can result in devastating injuries that impact victims for years or even a lifetime. The dog bite injury law firm of Finkelstein & Partners has successfully represented clients suffering from:
Physical Injuries
- Deep lacerations requiring stitches or surgical repair
- Facial trauma and disfigurement
- Broken bones and fractures
- Nerve damage leading to loss of sensation or motor function
- Infections, including the life-threatening risk of rabies
- Traumatic brain injuries from being knocked down during an attack
- Spinal cord injuries and paralysis
- Amputated fingers, toes, or limbs
- Permanent scarring and disfigurement
Psychological Impact
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Fear of dogs or public spaces
- Sleep disturbances and nightmares
- Emotional distress affecting quality of life
Children are particularly vulnerable to dog attacks, often suffering facial injuries due to their height and inability to defend themselves effectively. The elderly and individuals with disabilities also face heightened risks of serious complications from dog bites, including severe infections and fall-related injuries.
Who Can Be Held Liable in a New York Dog Bite Case?
While dog owners bear primary responsibility for attacks, other parties may also share liability depending on the circumstances.
Dog Owners
The dog’s owner is typically the primary defendant. Homeowners insurance policies often cover dog bite claims, though some insurers may limit coverage amounts. Importantly, New York law now prohibits insurers from dropping coverage, raising premiums, or refusing to insure homeowners solely because of their dog’s breed, providing additional protection for victims pursuing claims.
Landlords and Property Owners
New York law allows victims to hold landlords liable when:
- The landlord knew a tenant’s dog was present on the property
- The landlord had knowledge of the dog’s vicious propensities
- The landlord had sufficient control over the premises to remove the dog but failed to act
- The attack occurred on the landlord’s property or in nearby areas
Landlords can even face liability for off-premises attacks if they knew about a dangerous dog but took no action to protect the public.
Dog Handlers and Caretakers
Individuals who assume temporary control of a dog, such as dog walkers, pet sitters, or friends watching the animal, may also be liable if they knew or should have known about the dog’s dangerous tendencies, or if they failed to exercise reasonable care in controlling the animal.
Comparative Negligence in New York Dog Bite Cases
New York follows a pure comparative negligence system under CPLR § 1411. A victim’s own fault does not bar recovery; it only reduces the damages award proportionally. Even if a victim is found partially at fault for the incident, they can still recover compensation reduced by their percentage of fault. Our attorneys work to minimize any fault attributed to victims and maximize their recovery.
Why Choose Finkelstein & Partners as Your New York Dog Bite Injury Lawyer?
For over 65 years, our firm has been a trusted advocate for injured New Yorkers throughout the state. When you work with our dog bite injury law firm, you benefit from:
- Expertise in Evolving Law: The Flanders v. Goodfellow decision opened new doors for victims. Our attorneys are at the forefront of applying this landmark ruling to build stronger cases than were ever possible before.
- Extensive Trial Experience: Our attorneys aren’t afraid to take cases to trial when insurance companies refuse fair settlements. Our courtroom success motivates insurers to offer better compensation.
- Comprehensive Investigation: We thoroughly investigate your case, obtaining animal control records, medical documentation, witness statements, and expert testimony to prove liability under both strict liability and negligence theories.
- No Fee Unless We Win: We work on a contingency fee basis, meaning you pay nothing upfront and we only collect attorney fees if we secure compensation for you.
- Statewide Representation: With offices throughout New York, including Albany, Binghamton, Kingston, Middletown, Newburgh, Poughkeepsie, Rochester, Syracuse, Wappingers Falls, and White Plains, we serve dog bite victims across the state.
- Personalized Attention: You’re not just a case number. Our team provides dedicated support and keeps you informed throughout the legal process.
Steps to Take After a Dog Attack in New York
The actions you take immediately following a dog bite can significantly impact your ability to recover compensation. Our New York dog bite injury lawyers recommend:
Seek Immediate Medical Attention
Even seemingly minor bites can lead to serious infections. Dog mouths harbor dangerous bacteria, and wounds require professional cleaning and treatment. Prompt medical care also creates essential documentation for your claim.
Report the Incident
Contact local animal control or the police to file an official report. In New York City, call 311 or complete the NYC Department of Health’s online animal bite report form. These reports create a record that can help identify repeat offenders and support your case. A report may also trigger an official dangerous dog investigation.
Document Everything
- Photograph your injuries from multiple angles
- Capture images of the attack location
- Write down exactly what happened while the details are fresh
- Obtain contact information from witnesses
Identify the Dog and Owner
Get the dog owner’s name, address, phone number, and homeowners’ insurance information. If the owner fled or cannot be identified, provide all available details to animal control and police; our attorneys can help track down responsible parties.
Avoid Discussing the Incident
Do not provide recorded statements to insurance companies or discuss fault. Insurance adjusters may use your words against you. Direct all communications to your New York dog bite injury lawyer.
Preserve Evidence
Keep clothing worn during the attack and any torn or bloodied items. These can serve as powerful evidence of the attack’s severity.
Compensation Available in New York Dog Bite Cases
Successful dog bite claims can recover multiple forms of compensation depending on the severity of injuries and the defendant’s liability:
Economic Damages:
- Past and future medical expenses
- Costs of reconstructive or plastic surgery
- Lost wages from time away from work
- Reduced earning capacity if injuries cause permanent limitations
- Rehabilitation and physical therapy costs
Non-Economic Damages:
- Pain and suffering
- Emotional distress and mental anguish
- Permanent scarring and disfigurement
- Loss of enjoyment of life
- PTSD and psychological trauma
New York leads the nation in average dog bite claim costs, with claims averaging over $110,000 in 2024, according to the Insurance Information Institute. Cases involving severe injuries, permanent disfigurement, or child victims often result in substantially higher recoveries. With the expanded liability framework following Flanders, victims now have a greater potential to recover full compensation than at any time in the past two decades.
New York’s Dog Bite Statute of Limitations
New York law imposes a strict three-year statute of limitations for filing dog bite lawsuits under CPLR § 214(5). The clock starts on the date of the attack. Missing this deadline typically results in losing your right to pursue a claim entirely.
Important exceptions:
- Minors: The statute of limitations is generally tolled (paused) until the victim turns 18, subject to a maximum extension
- Government entities: Claims against a municipality, state agency, or government employee require a Notice of Claim filed within 90 days of the incident under General Municipal Law § 50-e
Do not wait until the deadline approaches. Evidence disappears, witnesses’ memories fade, and animal control records may be destroyed. Contact a New York dog bite injury lawyer as soon as possible after an attack to protect your legal rights and build the strongest possible case.
Leash Laws and Owner Responsibilities in New York
While New York State doesn’t mandate a universal leash law, most localities, including New York City, require dogs to be leashed in public spaces. New York City law requires dogs to be on leashes no longer than six feet in length.
Following Flanders v. Goodfellow, leash law violations carry even more legal weight than before. When a dog owner violates local leash laws and their unleashed dog attacks someone, that violation is strong evidence of the owner’s negligence, now a recognized basis for full liability.
Dangerous Dog Designations in New York
Under the New York Agriculture and Markets Law, a dog may be legally designated as “dangerous” if it:
- Attacks and injures or kills a person, service dog, guide dog, or hearing dog without justification
- Behaves in a manner that would lead a reasonable person to believe it poses a serious and imminent threat of severe injury or death
- Was previously designated dangerous and continues to exhibit threatening behavior
The petitioner must prove the dog is dangerous by clear and convincing evidence. Once designated, owners face mandatory requirements that may include neutering or spaying, microchipping, behavioral evaluation, completion of a training program, secure confinement, and muzzling in public. In the most serious cases, where the dog has caused serious physical injury or death, a judge may order humane euthanasia or permanent confinement.
A dangerous dog designation significantly strengthens a victim’s civil claim by establishing the dog’s vicious propensities and triggering strict liability for medical costs.
New York Dog Bite FAQ
You may still have a strong claim.
Following the Flanders v. Goodfellow ruling in April 2025, New York now recognizes negligence as a basis for recovery. Even without a prior bite, you can pursue compensation by showing the owner failed to take reasonable precautions. A history of aggressive behavior can also establish a vicious propensity.
Yes, especially if you had a legal right to be there, as a guest, mail carrier, delivery person, or invited visitor. New York law protects lawful visitors from dog attacks on private property.
Provocation is a defense in dog bite cases, but under New York’s pure comparative negligence system, even partial fault on your part only reduces, it does not eliminate, your recovery. Courts examine provocation carefully, and our attorneys can rebut such claims.
New York’s statute of limitations gives you three years from the date of the attack to file a lawsuit. If the claim involves a government entity, you must file a Notice of Claim within 90 days. Contact an attorney immediately to preserve evidence and protect your rights.
Filing a personal injury claim doesn’t automatically result in a dog being put down. Euthanasia decisions are made by animal control or courts based on the dog’s danger to the community, not civil lawsuits.
Our investigative team can help locate the owner through animal control records, witness interviews, and neighborhood canvassing. In some cases, other parties, like landlords, may share liability.
Contact Our New York Dog Bite Injury Law Firm Today
If you or a loved one suffered injuries in a dog attack anywhere in New York State, don’t face the insurance companies alone. The landmark Flanders v. Goodfellow decision means victims today have more legal options than ever before, but building a strong case still requires experienced legal counsel.
The experienced New York dog bite injury lawyers at Finkelstein & Partners will fight to hold negligent dog owners accountable under both strict liability and the newly recognized negligence standard, and secure the full compensation you deserve.
We offer free consultations to evaluate your case and explain your legal options. Our contingency fee structure means you pay nothing unless we win your case. With over 65 years of experience and offices throughout New York, we’re ready to advocate for your rights.
Contact Finkelstein & Partners or complete our online contact form to schedule your free consultation with a dedicated New York State dog bite lawyer. Let us handle the legal complexities while you focus on healing.