If you or someone you love was bitten by a dog in New York, a major change to New York dog bite law could significantly improve your chances of recovering compensation. In Flanders v. Goodfellow, the New York Court of Appeals struck down the long-standing “one-bite rule” that required victims to prove a dog was aggressive before the biting to recover damages. Now, dog bite victims only need to show that the dog owner didn’t take reasonable precautions to prevent the attack, making it easier for victims to seek financial compensation.
At Greenspan & Greenspan Injury Lawyers, we are proudly leading public awareness of this critical change. Our firm has represented injured individuals since 1959, with offices in White Plains, New City, Yonkers, and the Bronx. We are known for providing compassionate, results-driven advocacy, bilingual services (hablamos español), and a relentless commitment to our clients’ recovery and well-being.
What Changed in the New York Dog Bite Law?
Before the recent opinion, New York was among the few remaining states following the one-bite rule. That rule required a dog bite victim to prove the dog had known “vicious propensities” before the bite. Vicious propensities include indications that the dog was dangerous, for example:
- Biting,
- Growling, or
- Lunging.
That changed with the Court of Appeals’ recent ruling in Flanders v. Goodfellow, which concluded that victims no longer need to show that the dog had previously acted aggressively. Instead, dog owners can be held liable—legally responsible—based on negligence alone.
What Changes to the New York Dog Attack Law Mean for Victims
The legal shift to the New York dog attack law is more than just a procedural update; it directly affects how victims pursue justice after a dog bite. Now, the focus is on the dog owner’s behavior rather than the dog’s history.
Practical Impacts
Here is what the change means in practice:
- Victims no longer have to uncover prior complaints, reports, or witness testimony showing that the dog was dangerous before the attack;
- An owner’s carelessness may now be enough to pursue compensation;
- Without the need to provide evidence that the dog had previously acted aggressively, claims may move forward more efficiently; and
- People harmed by dogs without a known history of violence can finally take legal action to seek financial compensation when the owner’s negligence caused the incident.
In short, the law better protects innocent victims and holds dog owners accountable when they act irresponsibly.
Proving Negligence
Dog bite victims no longer have the responsibility to prove a dog had vicious propensities. Yet, they still need to prove the dog owner acted negligently. In general terms, someone is negligent if they:
- Have a duty to act with a certain level of caution,
- Fail to act in accordance with that duty,
- Cause harm by failing to act with that duty, and
- Cause damages as a result of that harm.
In more specific terms, a dog owner may be negligent if they, for example:
- Allow a dog to run off-leash in a public area,
- Fail to restrain a dog known to jump on people,
- Leave a gate open and let a dog escape, or
- Ignore warnings from others about the dog’s behavior.
What counts as negligence varies from situation to situation, so it’s crucial to speak with an attorney as soon as possible.
What to Do After a Dog Bite
After a dog bite, you should:
- Seek medical care and document your injuries;
- Document the scene by taking photos of the bite, the dog, the location, and any property damage;
- Report the incident to animal control or your local police department to create an official record;
- Avoid speaking with insurance companies that may try to minimize your claim or pressure you into a low settlement; and
- Contact a personal injury attorney.
By taking these steps, you increase the chances of recovering compensation and securing justice.
How Greenspan & Greenspan Can Help
The elimination of New York’s “one-bite rule” marks a new chapter for victims of dog attacks. If a dog bit you, do not assume you are without options, especially now that victims no longer need to prove the dog’s prior behavior to hold the owner accountable.
Greenspan & Greenspan Injury Lawyers is here to help. We offer free consultations, Spanish-language support, and a legal team that puts your recovery first. With offices in White Plains, New City, and the Bronx, we are ready to stand by your side and fight for compensation. Call us today or schedule your free consultation online.
