Dog bites can lead to serious injuries, both physically and emotionally. If you’ve been bitten by a dog in New York, understanding how to prove your case can help you secure the compensation you deserve. This blog will guide you through the essential steps to build a strong dog bite case.

  1. Seek Immediate Medical Attention

The first and foremost step after a dog bite is to seek medical attention. Not only is this crucial for your health, but medical records also serve as vital evidence in your case. Ensure that you document all injuries and follow-up treatments.

  1. Identify the Dog and Its Owner

Identifying the dog and its owner is crucial. Obtain the owner’s name, address, and contact information. If the dog’s owner is not immediately apparent, try to gather information from witnesses or anyone who might have seen the dog before the incident.

  1. Report the Incident

Report the dog bite to local animal control or the police. This creates an official record of the incident. Be sure to obtain a copy of the report, as it will be a key piece of evidence in your case.

  1. Gather Evidence

Evidence is the backbone of any legal case. Here are some critical types of evidence you should collect:

  • Photographs and Videos: Take pictures and videos of your injuries, the scene of the incident, and the dog if possible.
  • Witness Statements: Gather contact information from any witnesses and ask them to provide statements about what they saw.
  • Medical Records: Keep all medical records, including doctor’s notes, treatment plans, and bills.
  • Incident Report: Obtain a copy of the incident report from animal control or the police.

  1. Understand New York’s Dog Bite Laws

For nearly two decades, New York followed the strict “one-bite” rule, where dog owners could only be held strictly liable if their pet had a known history of aggression and the owner had that knowledge. Even in cases of negligence—like an unleashed dog biting someone—the owner often escaped liability.

The Legal Breakthrough: Flanders v. Goodfellow

In a pivotal ruling, the New York Court of Appeals took a major leap forward. In Flanders v. Goodfellow, a delivery driver was bitten by a dog that escaped from a home. The Court:

  • Reaffirmed strict liability when the owner knows or should have known of prior aggressive conduct; and
  • Critically, established that dog owners can also be held negligent if they fail to exercise reasonable care—even without any previous bite history

This decision aligns New York with the majority of U.S. states, which allow negligence-based claims alongside strict liability

What this means:

  • Victims no longer need to prove the dog had prior “vicious propensities”—instead, they can show the owner was careless.
  • Owners must now take common-sense measures: secure fencing, leashing in public, obedience training, etc.
  • Cases can now proceed under two legal theories: strict liability or negligence

  1. Hire an Experienced Attorney

Navigating a dog bite case can be complex, especially when proving negligence. An experienced personal injury attorney can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.

  1. Document Your Damages

Keep detailed records of all expenses related to the dog bite, including:

  • Medical Expenses: Bills for hospital visits, medications, surgeries, and rehabilitation.
  • Lost Wages: Documentation of any time off work due to your injuries.
  • Pain and Suffering: A journal documenting your physical pain and emotional distress.

  1. File Your Claim Promptly

New York has a statute of limitations for filing a personal injury claim. You typically have three years from the date of the incident to file your lawsuit. However, it’s advisable to start the process as soon as possible to ensure that all evidence is fresh and available.

Final Take

New York’s dog bite law has experienced a seismic shift: victims can now sue under strict liability or negligence. The legal landscape is evolving to better protect public safety and promote responsible pet ownership.

Proving a dog bite case in New York requires thorough documentation and a clear understanding of the state’s laws. By seeking immediate medical attention, gathering strong evidence, and working with an experienced attorney, you can build a compelling case to secure the compensation you deserve. Remember, each case is unique, so it’s essential to consult with a legal professional to understand the specifics of your situation.

Stay informed, stay safe—and let’s work toward responsible dog ownership together.

Contact the experienced dog bite attorneys at Walker & Mackenzie, P.C. today at (631) 791-5090 for a free, no obligation, consultation to review all of the legal remedies available to you!