If you or a loved one has been injured in a dog bite incident, it’s natural to feel overwhelmed, confused, and uncertain about your next steps. When something like this happens, you may find yourself asking: Who is responsible? Is it the dog owner, or is there more to the story? At Andrews, Bernstein & Maranto, PLLC, we understand the anxiety that comes with a dog bite injury. Our goal is to guide you through this complex process with empathy, clarity, and the support you need to make informed decisions. We’re here to help you get the best possible result from your case.
Understanding Dog Bite Laws in New York
New York has specific laws in place that govern dog bite cases. Until recently, the state followed a rule that allowed victims to sue under strict liability only if the dog had known “vicious propensities”—meaning the owner knew or should have known the dog was dangerous. However, this has changed.
In a landmark April 2025 decision—Flanders v. Goodfellow—the New York Court of Appeals expanded victim rights by allowing negligence claims in dog bite and animal injury cases for the first time. Now, a dog owner may also be held legally responsible if they fail to take reasonable steps to prevent an injury, even if the dog has no prior history of aggression.
This means injured parties now have two legal avenues:
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Strict Liability: The owner can be held liable if they knew (or should have known) their dog had dangerous tendencies—such as prior biting, growling, or lunging.
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Negligence: The owner can also be liable for failing to act with reasonable care—like not securing the dog or ignoring warning signs of agitation.
Certain exceptions still apply. For example, if the injured person was trespassing or provoking the dog, the owner may not be held liable. But under the new framework, courts can now weigh these factors as part of a negligence analysis, rather than being forced to dismiss cases outright.
This shift brings New York in line with most other states and gives victims a fairer chance at recovering damages. Every case depends on its specific facts, so understanding your rights—or responsibilities—as a dog owner or injury victim is more important than ever.
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Who Can Be Held Responsible for a Dog Bite Injury?
While the dog owner is typically the one held responsible in New York, it’s not always as straightforward as it seems. Several factors can determine whether someone else may share in the responsibility. In cases where the dog is kept by a renter or a person other than the owner, that individual could also be liable. The dog’s behavior might be influenced by the conditions of the property or the way the dog was handled by someone other than the owner. This can lead to potential claims against landlords or others involved in the dog’s care—especially if they failed to take reasonable precautions.
Additionally, under the new negligence standard established in Flanders v. Goodfellow, a person or organization (such as a shelter, pet store, or caretaker) may now be held liable even if the dog had no known history of aggression. For example, if a shelter placed a dog into an unsuitable home or a handler failed to secure a dog known to behave erratically, they may be held accountable if their negligence contributed to the attack. Courts will now consider whether each party acted with reasonable care to prevent harm—expanding the scope of who can be legally responsible for dog-related injuries in New York.
What to Do After a Dog Bite Incident
The moments following a dog bite can be stressful and disorienting. If you or someone you know has been bitten, the first thing to do is to seek medical attention. Even if the wound appears minor, dog bites can lead to serious infections or other complications. Once you’ve received medical care, it’s essential to gather as much information as possible about the incident. If the dog is known to the victim, try to obtain details about the dog’s vaccinations and medical history. You should also make note of the owner’s information and the circumstances surrounding the bite.
If possible, document the scene of the attack. Photographs of the injuries and the location can help strengthen your case. It’s also important to report the incident to local authorities, especially if the dog is unlicensed or doesn’t have current rabies vaccinations. This helps protect not only you but also other people in the community.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
The Role of Insurance in Dog Bite Cases
Many dog owners carry homeowner’s or renter’s insurance, which might cover dog bite incidents. In such cases, the insurance company will typically handle the legal and financial aspects of the claim. However, it’s important to understand that insurance companies will try to settle claims for the lowest amount possible. They might question the severity of your injuries or suggest that you were partly to blame for the incident.
An experienced lawyer can help you navigate these challenges and ensure that you receive the compensation you deserve. It’s crucial to have someone on your side who understands how insurance companies work and knows how to fight for your rights.
What Damages Can You Recover?
If you have been injured in a dog bite attack, you may be entitled to several types of compensation, depending on the nature and severity of your injuries. These include medical expenses, lost wages due to time off work, and pain and suffering. In some cases, if the attack was particularly severe or the dog owner acted recklessly, punitive damages may also be awarded.
Punitive damages are intended to punish the dog owner for their behavior and to prevent future incidents. These are not awarded in every case, but they can be a powerful tool in certain situations. For example, if the dog owner knew that their dog was dangerous and did nothing to prevent the attack, a court might award punitive damages to send a strong message that such behavior is unacceptable.
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Why You Need a Lawyer for Your Dog Bite Case
While it may seem tempting to handle a dog bite case on your own, hiring an experienced attorney can make a significant difference in the outcome of your case. A lawyer can help you gather the necessary evidence, build a strong case, and negotiate with insurance companies or other parties involved. With the right legal representation, you’ll be in a better position to secure the compensation you deserve and avoid the common pitfalls that many dog bite victims face.
At Andrews, Bernstein & Maranto, PLLC, we take the time to understand the unique aspects of each case. We know how important it is to have someone on your side who not only understands the law but also understands the physical and emotional toll that a dog bite can take. We’re here to help you through every step of the legal process, ensuring that your rights are protected.
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How We Can Help You with Your Dog Bite Case
Dog bite cases can be complex, but with the right legal support, you can navigate the process more easily. At Andrews, Bernstein & Maranto, PLLC, we are dedicated to helping you achieve the best possible outcome. We know how to handle the challenges that come with dog bite cases and are prepared to fight for you every step of the way.
If you’ve been injured in a dog bite attack, you don’t have to go through this alone. Our team is here to provide the support and guidance you need to move forward. We offer compassionate, skilled representation and will work tirelessly to get you the compensation you deserve. Contact us today to schedule a consultation and learn more about how we can help you with your case.