Dog Bite Laws in New York (2026): Major Changes You Need to Know

Most dog owners in New York have no idea the rules just changed. Seriously. In April 2025, the state’s highest court threw out a law that had been on the books for over 150 years. And if you own a dog, or if you’ve been bitten by one, these changes matter. A lot.

Here’s the deal. New York just made it way easier for dog bite victims to get compensation. You no longer need to prove the dog was aggressive before the attack happened. That’s huge. Let’s break down exactly what these new laws mean for you.

What Just Changed in 2025?

What Just Changed in 2025?

Okay, this part is important. On April 17, 2025, New York’s Court of Appeals made a landmark decision in a case called Flanders v. Goodfellow. This ruling completely changed how dog bite cases work in the state.

Before this decision, New York followed something called the “one-bite rule.” Basically, a dog got one free bite before its owner could be held responsible. The victim had to prove the dog had shown aggressive behavior before the attack. Without that proof, you were out of luck for full compensation.

Now? That rule is gone. Dog owners can be held liable based on negligence alone. Even if it was the dog’s very first bite, the owner can be held accountable if they were careless.

Think of it like this. If someone lets their dog run loose in a park, fails to fix a broken fence, or ignores warnings about their dog’s behavior, they can now be held responsible. Even if the dog never bit anyone before.

How Dog Bite Liability Works Now

New York now has two main ways victims can seek compensation. Let me break them down.

Strict Liability still applies when the owner knew or should have known their dog was dangerous. Maybe the dog had bitten before. Or maybe it had a history of growling, snapping, or aggressive behavior. If the owner knew about this and didn’t take proper precautions, they’re on the hook.

Negligence is the new path that opened up in 2025. You don’t need to prove the dog was dangerous before. You just need to show the owner was careless. Did they let the dog off-leash when they shouldn’t have? Did they ignore a broken gate? Did they fail to properly restrain a large, powerful dog? That’s negligence.

This is the part most people get wrong. You can now pursue a claim even if the dog has a spotless record. The focus shifted from the dog’s history to the owner’s behavior.

What Makes a Dog “Dangerous” in New York?

What Makes a Dog “Dangerous” in New York?

Hold on, this gets specific. Under New York law, a dog is officially considered “dangerous” if it meets certain criteria.

A dangerous dog is one that attacks a person or another animal without justification. The attack has to cause physical injury or death. It also includes dogs that behave in a way that would make a reasonable person believe they pose a serious threat of injury or death.

Service dogs, guide dogs, and hearing dogs get special protection too. If a dog attacks one of these working animals without justification and causes injury or death, it can be declared dangerous.

Once a dog is officially declared dangerous by a judge, the rules get much stricter. The owner faces automatic strict liability for medical costs if that dog attacks again. They can also face criminal penalties if their negligence leads to another attack.

Penalties for Dog Owners

Now, here’s where things get serious. The penalties depend on the severity of the injury and whether the dog was previously declared dangerous.

For a basic dog bite that causes physical injury, the owner can face a civil penalty up to $400. That’s if they were negligent and let their dog bite someone.

If the bite causes serious physical injury, that penalty jumps to $1,500. Serious physical injury means substantial risk of death, serious disfigurement, or long-term impairment.

But wait, it gets worse. If the dog was previously declared dangerous and bites someone causing serious injury, the owner faces criminal charges. That’s a misdemeanor punishable by up to $3,000 in fines, up to 90 days in jail, or both.

The owner of a dangerous dog is also strictly liable for all medical costs. Whether it’s a person, companion animal, farm animal, or another domestic animal, the owner pays the medical bills. No questions asked.

Pretty straightforward, right?

What If You’re Bitten by a Dog?

What If You’re Bitten by a Dog?

So what happens if you’re the victim? Here’s what you need to do.

Get medical attention immediately. Dog bites carry a serious risk of infection. Even if it doesn’t look bad, get it checked out. Infections can develop fast and cause major problems.

Document everything. Take photos of your injuries. Get pictures of the location where the bite happened. If possible, photograph the dog. Write down what happened while it’s fresh in your memory.

Gather witness information. If anyone saw the attack, get their names and contact details. Their testimony could be crucial if you file a claim.

Report the bite to local authorities. Call your local police department or animal control. This creates an official record of the incident. Trust me, you want that documentation.

Don’t rush to settle with insurance companies. They might try to pressure you into accepting a low settlement quickly. Take your time. Consider talking to a lawyer first.

Can You Sue for Damages?

Absolutely. You can now seek compensation for much more than just medical bills.

Under the new negligence standard, victims can recover damages for medical expenses, lost wages, scarring and disfigurement, emotional trauma, pain and suffering, and other losses.

Before 2025, getting compensation for things like pain and suffering was really tough unless you could prove the dog had a known history of aggression. Now, if you can show the owner was negligent, you can pursue full damages.

This one’s important. The law doesn’t just protect people. If your pet is injured or killed by another dog, you may also have grounds for a claim. The owner of the dangerous dog is liable for veterinary costs.

When Owners Aren’t Liable

Okay, pause. Read this carefully. There are situations where dog owners aren’t held responsible.

If the dog was defending its owner or household during a serious crime, the owner gets a pass. We’re talking about murder, robbery, burglary, arson, rape, or kidnapping happening in or near the owner’s home. If the dog attacks the criminal, no liability.

If the dog was protecting itself or its offspring from abuse or threat, that’s also an exception. Dogs have a right to defend themselves too.

Basically, the attack has to be unjustified. If the victim was trespassing, provoking the dog, or threatening the owner, the case gets more complicated.

Breed-Specific Rules (Or Lack Thereof)

Here’s something that surprises a lot of people. New York banned breed-specific discrimination by insurance companies back in 2022.

Insurance companies can’t refuse to cover you, cancel your policy, or charge you more just because you own a pit bull or rottweiler or any other specific breed. That applies to homeowners insurance.

Cities and towns in New York also can’t regulate dangerous dogs based on breed alone. The law has to apply to all dogs equally.

However, and this is a big however, if your specific dog is declared dangerous by a court, insurers can take action. They just can’t do it based on breed alone.

Honestly, this is one area where New York actually protects responsible dog owners. Many states still allow breed restrictions, but New York decided that individual behavior matters more than breed stereotypes.

“Penny’s Law” – What’s Coming Next?

You’ve probably heard about this. In May 2025, a chihuahua named Penny was brutally attacked by two pit bulls on the Upper West Side of Manhattan. The attack was caught on video and went viral.

The dogs had previously killed another dog. The owner had been ordered to muzzle them and walk them separately. He ignored those orders. After the attack on Penny, the owners fled the scene.

This incident sparked massive public outrage. It led to proposed legislation called “Penny’s Law.”

So what would Penny’s Law do? It would create new criminal offenses for negligent and reckless handling of dogs. It would criminalize fleeing the scene of a dog attack, even if the victim is another dog. It would require more conspicuous signage about leash laws in New York City parks.

As of late 2025, the bill was still pending in the state legislature. It hasn’t been signed into law yet. But there’s strong momentum behind it.

Wait, it gets better. Similar bills are popping up in other states. Florida passed the “Pam Rock Act” in 2025, inspired by a similar incident. This might be the beginning of a nationwide trend toward stricter dog owner accountability.

Preventing Dog Bites

Let’s talk about prevention. Most dog bites are preventable with proper training and responsible ownership.

Socialize your dog early. Expose them to different people, animals, and situations while they’re young. This helps them become comfortable and less reactive.

Train your dog properly. Basic obedience training isn’t optional. Your dog should respond reliably to commands like “sit,” “stay,” and “come.”

Never leave dogs unsupervised with children. Even the friendliest dog can snap if a child accidentally hurts or scares them.

Keep your dog on a leash in public. Unless you’re in a designated off-leash area, keep your dog leashed. It’s the law in most places, and it prevents incidents.

Secure your property. Fix broken fences. Make sure gates latch properly. Don’t let your dog roam the neighborhood.

Watch for warning signs. If your dog growls, snaps, or shows aggressive behavior, address it immediately. Don’t wait for a bite to happen.

Wondering if your dog might be at risk of biting? Pay attention to body language. Stiff posture, raised hackles, intense staring, and bared teeth are all warning signs.

If Your Dog Bites Someone

Okay, so your dog bit someone. What now?

First, make sure the victim gets medical attention. Call 911 if needed. Cooperate with authorities.

Exchange information with the victim. Provide your name, contact information, and insurance details. Don’t admit fault at the scene, but be professional and courteous.

Report the incident yourself. Contact your homeowners insurance company immediately. They need to know about potential claims.

Secure your dog. Make sure your dog can’t escape or bite anyone else. You might need to temporarily board them or keep them isolated.

Don’t make statements without legal advice. What you say can be used against you later. If you’re facing serious allegations, talk to a lawyer before giving detailed statements.

Gather your own evidence. Take photos of the scene. Document any circumstances that might be relevant. If the victim provoked your dog, that matters.

Your dog might be subject to a dangerous dog hearing. Take this seriously. You may need a lawyer to represent you. The outcome could determine whether you keep your dog.

Dangerous Dog Hearings

Here’s how these work. If someone files a complaint claiming your dog is dangerous, there will be a hearing before a judge.

The burden of proof is on the person making the complaint. They have to prove with clear and convincing evidence that your dog is dangerous.

The judge can order several outcomes. Your dog might be required to take obedience training. You might be required to muzzle your dog in public. In extreme cases, the judge could order your dog to be euthanized.

Sound complicated? It can be. That’s why many people hire lawyers for these hearings.

You have 30 days to appeal if you disagree with the judge’s decision. If the judge orders euthanasia, the order is put on hold during the appeal process.

Most people don’t realize how serious these hearings are. They’re not informal conversations. They’re legal proceedings with real consequences.

What Counts as Serious Physical Injury?

This term comes up a lot in dog bite cases. So what does it actually mean?

Serious physical injury is a legal term defined in New York law. It means injury that creates a substantial risk of death, causes serious and protracted disfigurement, causes protracted impairment of health, or causes protracted loss or impairment of any bodily organ.

In plain English, we’re talking about bites that do major damage. Deep puncture wounds, severe lacerations requiring extensive surgery, injuries causing permanent scarring, nerve damage, broken bones, and life-threatening infections all qualify.

A minor bite that needs a few stitches probably won’t meet this standard. But a bite that requires reconstructive surgery? That’s serious physical injury.

This distinction matters because penalties are much higher for serious physical injuries. The civil penalty jumps from $400 to $1,500. Criminal charges become possible if the dog was previously declared dangerous.

Your Rights as a Dog Owner

Let’s flip the script. What if you’re a responsible dog owner who’s being unfairly targeted?

You have the right to own any breed of dog. New York law prohibits breed-specific regulation. No one can tell you that you can’t own a pit bull or rottweiler or any other breed just because of its breed.

You have the right to defend your dog if it was acting in justified defense. If your dog bit someone who was breaking into your house, that’s a valid defense.

You can’t be denied homeowners insurance based solely on your dog’s breed. Insurance companies can ask about your specific dog’s history, but they can’t automatically reject you for having a certain breed.

You have the right to appeal a dangerous dog determination. If a judge declares your dog dangerous, you’re not stuck with that decision. You can appeal within 30 days.

Honestly, most responsible dog owners have nothing to worry about. The law targets negligent owners, not people who properly train, socialize, and control their dogs.

Resources for Dog Owners and Victims

Need help? Here are some resources.

For dog owners facing dangerous dog proceedings, consider contacting a local attorney who specializes in animal law. The New York State Bar Association can provide referrals.

For bite victims, document everything and consider consulting a personal injury attorney. Many offer free consultations. They can help you understand your rights under the new 2025 standards.

Animal control agencies in your county handle dangerous dog complaints and can provide information about local ordinances.

The ASPCA offers resources on dog behavior and training. Proper training can prevent most bite incidents.

Local veterinarians can provide advice on behavioral issues and may recommend qualified trainers or behaviorists.

Frequently Asked Questions

What if a dog bites me on private property?

You can still file a claim. The location doesn’t automatically protect the owner. If they were negligent in controlling their dog, they can be held liable. However, if you were trespassing, that might affect your case.

Do I need to prove the dog was aggressive before the 2025 changes?

No. That’s the whole point of the 2025 Flanders v. Goodfellow decision. You can now pursue a negligence claim without proving prior aggressive behavior. The focus is on whether the owner was careless.

Can I get compensation if my pet was killed by another dog?

Yes. The owner of the dangerous dog is strictly liable for medical and veterinary costs. You may also be able to pursue damages for the loss of your pet, though these are typically limited.

What happens if my dog bites someone accidentally while playing?

It depends on the circumstances. Was the person provoking the dog? Were you properly supervising? Did the bite cause serious injury? Accidental bites during play are less likely to result in serious penalties, but you could still face liability if you were negligent.

How long do I have to file a dog bite claim in New York?

Generally, you have three years from the date of the injury to file a personal injury lawsuit. Don’t wait too long. Evidence disappears and memories fade. File as soon as you can.

Final Thoughts

New York’s dog bite laws changed dramatically in 2025. The old “one-bite rule” is gone. Victims now have better protections. Negligent owners face real consequences.

If you own a dog, be responsible. Train them. Socialize them. Keep them properly restrained. Follow local leash laws. Fix your fences. The new standards hold you accountable for your behavior, not just your dog’s history.

If you’ve been bitten, know your rights. You don’t need to prove the dog was aggressive before. Document everything. Get medical attention. Report the bite. Consider talking to a lawyer about your options.

Most dog bites are preventable. Whether you’re an owner or just someone who encounters dogs, understanding these laws helps everyone stay safer.

Now you know the basics. Stay informed, stay safe, and when in doubt, look it up or ask a lawyer.

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