No, a dog owner isn’t automatically liable if their dog bites you; however, you can pursue a claim when the owner should have known that their dog had a “vicious propensity,” or if there was ordinary negligence. Whether you have a case depends on the specific facts of the dog bite, and which theory best fits what happened.
Key Takeaways
- There is no automatic liability for dog owners. A dog biting someone doesn’t create a legal claim by itself. You generally need to prove the owner’s existing knowledge of dangerous behavior, or a failure to use reasonable care.
- Two legal paths exist. Strict liability (when the owner knew or should have known of vicious propensity) and negligence (the owner failed to act reasonably).
- You may be able to pursue both theories at once. Your injury lawyer could pursue both paths, covering two theories at once, depending on the specifics of your case.
There Have Been Changes in New York Dog Bite Law
For years, New York followed a rule that prevented injured people from suing a dog’s owner for ordinary negligence. The only available path was strict liability based on the owner’s prior knowledge of vicious propensity.
That changed in 2025 with a landmark New York Court of Appeals decision (Flanders v Goodfellow, 44 NY3d 57). The court held that dog owners can be held liable under ordinary negligence principles. These are the same “reasonable care under the circumstances” standards that apply to most injury cases. It’s separate from strict liability and gives you an additional option to pursue a claim.
How This Might Affect Your Claim
With two theories of liability available, your Long Island personal injury attorney can evaluate your case from two angles. The Raimondo Law Firm will investigate for evidence that the owner knew about their dog’s dangerous tendencies, and separately, if the owner acted carelessly given the circumstances. With both options available, you have a stronger viable path to compensation than before Flanders v Goodfellow.
An owner could be found to have acted without proper care when:
- They failed to secure their dog.
- They ignored warning signs that their dog was violent/vicious.
- They violated leash laws in the jurisdiction where the bite occurred.
- They failed to warn a visitor or guest of a known risk.
- They allowed their dog around children or vulnerable people without adequate supervision.
- They otherwise failed to take reasonable precautions given the dog’s known behavior, training, or the circumstances of the encounter.
These cases always benefit from thorough fact gathering. An experienced personal injury lawyer will investigate and obtain witness reports, surveillance camera footage, prior complaints or records of violations, police reports, and any other evidence that supports your claim.
Have You Been Injured by a Dog on Long Island? Find Out if You Have a Viable Claim
Dog bite cases often hinge on details that aren’t obvious right away, like a neighbor’s prior complaint or how a specific incident actually unfolded. If you were bitten by a dog in Nassau, Suffolk, or anywhere in NYC, The Raimondo Law Firm is ready to help. We will evaluate your case under current legal standards to help you understand your options. Consultations are free. Contact a personal injury attorney at (631) 471-1222 today.
