In April 2025, a landmark decision by New York’s highest court changed the landscape for dog bite victims. The old “one-bite rule,” which made it impossible to hold an owner accountable unless their dog had a known history of aggression, has been overturned. Now, you may be able to secure compensation based on the owner’s simple carelessness—or negligence—even if it was the dog’s first time biting someone.
For victims in Suffolk and Nassau counties, this ruling provides a clearer path to justice. However, it also introduces new questions about what needs to be proven and what steps you should take. This shift in the law makes an owner’s choices and actions the central issue in most dog bite claims in Long Island. A Long Island dog bite lawyer can help you navigate these new legal standards and build a strong case for compensation.
If you have questions about how this new ruling affects your situation, you deserve clear answers. The team at Rosenberg & Gluck LLP is ready to listen. Call us for a free consultation at (631) 451-7900.
The 2025 Ruling That Changed Everything for New York Dog Bite Victims
What Was the “One-Bite Rule”?
Previously, to have a successful claim, you generally had to prove the owner knew or should have known their dog had “vicious propensities.” This legal term referred to a tendency to act in a way that might endanger the safety of people or property.
In simple terms, it meant showing the dog had acted aggressively before, by lunging, growling, or previously biting. This could be established through witness testimony or records of prior complaints about the animal. Report a dog bite on Long Island promptly to create an official record that supports your case and protects others from harm.
This created a high hurdle for many victims, as it focused on the dog’s past rather than the circumstances of the attack itself. It essentially gave many dogs a “free bite” before liability would attach, leaving many injured people without a clear path to recovering their damages.
Introducing the Negligence Standard: The Impact of Flanders v. Goodfellow
The New York Court of Appeals ruling in Flanders v. Goodfellow now allows victims to bring claims based on a standard legal principle: negligence. This is the same principle that applies in most other personal injury cases, such as car accidents or slip and falls.
This means the focus has shifted from the dog’s history to the owner’s actions. The key question is no longer “Did the owner know the dog was dangerous?” but rather “Did the owner fail to use reasonable care to prevent the bite?” This is a more practical and fair standard. A victim can still secure strict liability if the owner knew of a dog’s prior aggressive history, but now has a second avenue of recovery.
This decision aligns New York with most other states and provides a more direct route to compensation for injured individuals on Long Island. It acknowledges that an owner’s carelessness can be the direct cause of an injury, regardless of the animal’s history.
What Does an Owner’s Negligence Look Like in a Dog Bite Case?
The shift to a negligence standard means that specific, careless actions by an owner can now be the foundation of your claim. Here are some practical, real-world examples of owner carelessness that could form the basis of a dog bite claim in Suffolk or Nassau County. Seek medical treatment for a dog bite immediately, both to protect your health and to create essential documentation for any potential claim.
Failure to Leash or Control the Dog
An owner walking a large, powerful dog without a proper leash in a public park or allowing it to run free in an unfenced area near a public sidewalk is a clear example. An owner must maintain control of their animal, especially in areas where they are likely to encounter other people.
Violating Local Ordinances
Many towns and villages on Long Island have specific leash laws and other animal control regulations. An owner’s violation of these local rules, such as having a dog off-leash in a designated on-leash area, can be evidence of negligence.
Unsecured Property
An owner who knows their dog is territorial and fails to repair a broken gate, a hole in a fence, or a faulty latch on a door may be held responsible. If this failure allows the dog to escape and bite someone, it points directly to the owner’s lack of reasonable care. After a dog bite can you sue? Yes, under New York’s updated negligence standard, victims may pursue compensation even if the dog had no prior history of aggression.
Lack of Supervision Around Children
Allowing a dog with a known tendency to be jumpy, anxious, or possessive of its food or toys to interact with small children without close supervision could be deemed negligent. Approximately 800,000 Americans require medical attention for dog bites annually, with children being the most frequent victims. Owners have a heightened duty to protect vulnerable individuals.
Ignoring a Dog’s Known Behavior
Even if a dog has never bitten before, an owner may know it gets agitated around strangers, postal workers, or other animals. Failing to take simple precautions, like putting the dog in another room when guests are over or keeping it inside during deliveries, could be considered a negligent act.
Protecting Your Rights From Home After a Long Island Dog Bite
Create a Detailed Record of Your Injuries
- Photographs: Take clear, well-lit photos of the bite wounds immediately after the attack. Continue documenting them every few days as they heal or, in some cases, fail to heal properly. Be sure to capture any bruising, swelling, stitches, or signs of infection. These images provide a visual timeline of your physical recovery.
Preserve All Medical and Financial Paperwork
- Medical Records: Keep every document you receive from an urgent care center, hospital, plastic surgeon, or your primary care physician. This includes all bills, explanations of benefits from your insurer, discharge instructions, and prescription receipts.
- Track Your Expenses: Create a dedicated folder for any out-of-pocket costs related to the injury. This includes the cost of bandages, ointments, and other medical supplies. You should also keep a log of your mileage to and from doctor’s appointments, physical therapy sessions, and consultations.
- Document Lost Time from Work: If the injury caused you to miss work, keep copies of your pay stubs to show your regular income. Maintain a clear record of the specific days you were unable to work. If you had to use sick leave or vacation time, document that as well.
Report the Attack to the Proper Authorities
An official report from a government agency creates an independent, third-party record of the incident, which is valuable evidence. It substantiates the date, time, location, and circumstances of the attack. What to do after a dog bites you? Report the incident immediately, document your injuries, and seek medical care to protect both your health and your legal rights.
You should file a report with your local animal control or police department, as well as the county health department. The health department’s involvement is particularly important for tracking the dog and ensuring it is up-to-date on its rabies vaccinations.
- In Suffolk County, this is typically handled by the Department of Health Services.
- In Nassau County, you would report it to the Department of Health.
What Compensation Can You Pursue for Your Injuries?
A successful dog bite claim can provide compensation for a wide range of losses stemming from the attack.
Economic Damages: The Measurable Financial Costs
These are the specific, calculable expenses and losses you incurred because of the dog bite.
- Medical Treatment: This is a broad category covering all related healthcare costs. It includes the initial emergency room visit, ambulance fees, hospital stays, follow-up appointments with specialists, and the cost of any necessary plastic surgery to reduce scarring.
- Lost Wages: You can pursue compensation for the income you lost while you were unable to work during your recovery.
- Future Lost Earning Capacity: If the injury results in a permanent or long-term disability that diminishes your ability to do your job or requires you to take a lower-paying position, you may be able to recover damages for this future loss of income.
- Psychological Counseling: Many dog bite victims, especially children, experience significant psychological trauma. The cost of therapy to address anxiety, post-traumatic stress disorder (PTSD), or a newly developed fear of dogs is a recoverable expense.
Non-Economic Damages: The Human Cost of the Attack
These damages are meant to compensate you for the intangible, personal losses that do not have a specific price tag but are just as real. Claim compensation for a dog bite by pursuing pain and suffering, emotional distress, and loss of enjoyment of life alongside your economic damages.
- Pain and Suffering: This is compensation for the physical pain, discomfort, and emotional distress you have endured as a result of the attack and your injuries.
- Scarring and Disfigurement: This specifically acknowledges the permanent physical changes caused by the bite. Scars, particularly on the face, hands, or other visible areas, can have a profound emotional and social impact.
- Loss of Enjoyment of Life: If the injury prevents you from participating in hobbies, sports, social activities, or family routines that you once enjoyed, you may be compensated for this loss. For example, a hand injury might prevent a musician from playing their instrument, or a leg injury might stop a runner from enjoying their daily exercise.
Is the Dog That Bit Me Considered “Dangerous” Under New York Law?
There’s a difference between a civil claim for your injuries and a separate legal action to have a dog declared “dangerous.” The two processes are related but serve different purposes.
Under New York Agriculture & Markets Law § 123, a court can formally declare a dog “dangerous” after a hearing. This is initiated to protect the public from future harm. If a judge makes this finding, they can impose specific restrictions on the dog and its owner, such as requiring the dog to be securely confined or muzzled in public.
This legal action is separate from your personal injury claim. Its purpose is to protect the public by imposing restrictions on the dog and owner. The outcome of a dangerous dog hearing is decided by a judge and is focused on public safety.
Here is the key point to remember: while a formal “dangerous dog” finding can be used as powerful evidence in your negligence case, it is no longer a requirement for you to have a valid claim. Thanks to the 2025 court ruling, your case can proceed based on the owner’s carelessness alone. You do not need to wait for the outcome of a separate hearing to pursue the compensation you need.
Frequently Asked Questions About Long Island Dog Bite Claims
What if the dog that bit me belongs to a friend, neighbor, or family member?
It’s natural to worry about causing financial hardship for someone you know. However, a personal injury claim is typically made against the person’s homeowner’s or renter’s insurance policy, not against their personal savings or assets. These insurance policies exist specifically to cover these types of incidents. The goal is to get compensation from the insurance company that they have been paid to cover these exact situations.
How long do I have to file a dog bite lawsuit in New York?
In New York, the statute of limitations for most personal injury claims, including those for dog bites, is three years from the date of the incident. While that may seem like a long time, it is always better to act sooner rather than later. Over time, evidence can be lost, and witnesses’ memories fade. Contacting a legal professional early ensures that all necessary steps are taken promptly to preserve your claim.
Will the dog be put down if I file a claim for my injuries?
This is another frequent worry that stops people from seeking the help they need. Your civil claim for compensation is entirely separate from any legal action taken against the dog itself. A dog is only ordered to be euthanized in very specific, severe circumstances, which are determined by a judge in a formal “dangerous dog” hearing. This is not a direct or automatic result of you filing a personal injury claim to cover your medical bills and other losses.
Do I still have a case if the bite didn’t break the skin?
You might. An animal attack can cause significant injuries even without a severe bite wound. For example, a large, powerful dog could knock you to the ground, causing fractures, a concussion, or serious back injuries. If an owner’s negligence led to the dog’s action that caused your injury, you may have grounds for a claim, regardless of whether your skin was broken. Some breeds are known for extreme jaw strength, and when a dog has the strongest bite, the injuries can be devastating even without visible punctures.
The owner’s insurance adjuster called me and made an offer. Should I take it?
It is generally not advisable to accept an initial settlement offer from an insurance company without first discussing your case with a legal professional. Insurance adjusters are trained to resolve claims for the lowest possible amount. Early offers are frequently low and may not account for the full extent of your future medical needs, lost income, potential complications like infection, or the full value of your non-economic damages like pain and suffering or scarring.
A New Standard for Accountability on Long Island
The 2025 shift away from the “one-bite rule” is a significant development for the safety and rights of everyone in our Long Island communities. It rightfully places the responsibility for preventing harm where it belongs: on the dog owner whose actions—or inaction—led to an injury.
Let us provide the guidance you need to move forward with confidence. Call Rosenberg & Gluck LLP at (631) 451-7900 for a free, confidential case evaluation to discuss your rights and options.
