NYC Dog Bite Lawyer – Holding Dog Owners Accountable
Dog attacks cause serious, sometimes life-altering injuries – lacerations requiring surgery, nerve damage, permanent scarring, and deep psychological trauma, especially in children. If you or your child was attacked by a dog in New York City, the dog’s owner may be legally responsible for your medical bills, your pain and suffering, and the long-term consequences of the attack.
At Linden Law, Jason Linden pursues dog bite claims with the same determination he brings to every case. Dog owners who know their animals are dangerous – and who fail to control them – should be held accountable.
Call (212) 804-8440 for a free consultation. No fee unless we win.
New York Dog Bite Law: What You Need to Know
New York is not a pure “strict liability” state for dog bites – but the law is stronger than most people realize, and the “one free bite” myth is largely just that: a myth.
Strict Liability for Medical Expenses
Under New York Agriculture & Markets Law §121, a dog owner is strictly liable for the medical costs incurred by a dog bite victim. This means you do not need to prove the owner knew the dog was dangerous to recover your medical bills. If the dog bit you and the owner knew or should have known – or even if this was the very first bite – the owner pays your medical expenses. Period.
Pain & Suffering: Proving Vicious Propensities
Recovering compensation for pain and suffering – typically the largest component of a dog bite claim – requires a different showing. Under New York law, you must demonstrate that the dog had vicious propensities (a tendency toward dangerous behavior) and that the owner knew or should have known about those propensities.
This is where the “one bite rule” idea comes from: historically, a prior bite was the clearest proof of vicious propensities. But prior biting is far from the only evidence. Courts have accepted many other forms of proof, including:
- Prior growling, snapping, or lunging at people
- The dog jumping on and knocking down individuals
- Prior attacks on other animals
- The owner’s own warnings to others about the dog (“he doesn’t like strangers”)
- Breed characteristics and training history (evidence of aggressive training)
- The dog being kept chained or muzzled as a precaution
In practice, if a dog caused serious harm, there is often prior evidence of problematic behavior. We investigate thoroughly.
Who Can Be Held Liable?
The dog owner is the primary defendant in virtually every dog bite case.
A landlord can potentially be held liable if the landlord knew a tenant’s dog had vicious propensities and had the ability to remedy the situation – such as by requiring the tenant to remove the dog or by warning other tenants – but failed to act. This is a developing area of New York law with increasing case support.
A property owner or manager who permitted a dangerous dog on the premises may also bear liability.
Dog Bite Injuries Are Serious
People sometimes minimize dog bite injuries. The reality is sobering:
- Lacerations from a dog’s bite force can be deep, jagged, and difficult to repair – often requiring multiple surgeries
- Infection is a serious and common complication; dog mouths carry bacteria that can cause cellulitis, sepsis, and in rare cases death
- Nerve damage from bites to the hands and arms can result in long-term or permanent functional impairment
- Facial scarring – especially in children – can require reconstructive surgery and cause lasting psychological harm
- Psychological trauma is real and compensable; many attack victims develop PTSD, fear of dogs, and anxiety that impairs their daily lives
Children Are the Most Common Victims
Children are attacked by dogs far more frequently than adults, and the injuries tend to be more severe relative to their smaller bodies. Attacks to a child’s face, head, and neck are particularly common and can result in permanent disfigurement. When a child is the victim, the emotional impact on the entire family is profound.
If your child was attacked by a dog, time is of the kind: injuries need to be documented, witnesses identified, and in some cases a Notice of Claim may need to be filed if a public employee, city agency, or public property is involved. Call us as soon as possible.
Frequently Asked Questions
Does the dog have to have bitten someone before for me to have a case?
No. For medical expenses, New York imposes strict liability on dog owners regardless of prior bite history. For pain and suffering damages, you need to show the owner knew the dog had vicious propensities – but a prior bite is not the only way to prove that. Growling, snapping, lunging, owner warnings, and other behavior all constitute evidence of vicious propensities. Many strong dog bite cases involve a first bite.
Who pays for my medical bills after a dog bite?
The dog’s owner is strictly liable for your medical expenses under NY Agriculture & Markets Law §121. In practice, payment typically comes through the owner’s homeowner’s or renter’s insurance policy, which usually provides coverage for dog bite claims. We identify all applicable insurance coverage as part of our representation.
What if the dog owner says the dog never bit anyone before?
That claim does not end your case. First, we investigate whether there was, in fact, prior behavior that put the owner on notice – neighbors, veterinary records, and other sources can be informative. Second, even if this truly was the first bite, you are still entitled to medical expense recovery under the strict liability statute. Third, non-bite aggressive behavior (jumping, lunging, growling) can still establish vicious propensities for pain and suffering damages. “First bite” is the start of our investigation, not the end of your claim.
Can I sue a landlord for a tenant’s dog bite?
Potentially, yes. New York courts have held that a landlord who has actual knowledge that a tenant’s dog has vicious propensities – and who has the authority to control the situation, such as through a lease provision – can be held liable if the dog subsequently injures someone. This is fact-specific and depends heavily on what the landlord knew and when. If the attack occurred in a common area or if the landlord had warnings about the dog, there may be a viable claim against the building owner.
How long do I have to sue after a dog bite in New York?
The statute of limitations for a personal injury claim in New York, including dog bites, is three years from the date of the injury. However, do not wait. Evidence of vicious propensities – witnesses, other incident reports, veterinary records – can disappear over time. If any government entity might be involved (city employee, public housing, public park), a 90-day Notice of Claim deadline may apply. Contact us promptly.
No Fee Unless We Win
Linden Law handles all dog bite cases on a contingency fee basis. You pay nothing to hire us and nothing throughout the case. We only collect a fee if we recover money for you.
Call (212) 804-8440 or contact us online for your free consultation. Our office is located at 250 West 57th St., Suite 432, New York, NY 10017. Home visits available if needed.