Dog bite injuries can be both physically painful and emotionally traumatic—especially when the victim is a child. In the aftermath of an attack, victims are often left not only with serious wounds but also with questions about their legal rights. Pursuing fair compensation can be complicated, especially when insurance companies or dog owners try to shift the blame. At MCV Law, we believe that victims deserve justice. Our experienced personal injury attorneys have helped dog bite victims throughout Central New York understand their rights, build strong claims, and recover the compensation they need to move forward.
New York courts have long held that the owner of a domestic animal, most often a dog, will only be held liable for injuries caused by that animal in limited instances: the owner had to have knowledge or should have known of that animal's "vicious propensities" before the incident. When that is true, the owner is held strictly liable for the harm their dog causes. However, proving that knowledge can be difficult. This has left many injured New Yorkers without an avenue to recover damages or seek justice for their injuries.
A vicious propensity is an inclination or natural tendency to do anything that might endanger the safety of a person in a given situation. In practice, this means that a dog owner will only be held responsible for injuries that the dog causes to another person if the owner knew, or should have known, that the dog tended to act viciously. Examples used to show those propensities have included the dog previously having bitten someone or "evidence that it had been known to growl, snap, or bare its teeth".
A new decision by New York State's highest court now recognizes a second claim that injured Plaintiffs can pursue against domestic animal owners. Dog bite victims can now bring a negligence claim against the Defendant, alleging they failed to exercise due care under the circumstances, which caused the animal-related injury to occur. This greatly expands the ability of New Yorkers bitten by dogs to seek justice and compensation for their pain and suffering.
A dog bite injury can be serious and traumatizing, especially if it happens to a child. MCV Law's personal injury attorneys have been successfully representing injured parties in dog bite cases for years. Our goal is to get you the best outcome possible.
Legal Reference:
Flanders v. Goodfellow, - N.E.3d -, 2025 Slip Op 02261 [2025]