New York’s highest court overruled long-standing precedent that limited claims for dog bites and now offers greater protections to victims who are injured by dogs or other animals. The Court of Appeals just ruled that dog bite victims can sue for negligence, even if the dog had no prior history of aggression or incidents of prior bites.
This ruling, handed down in Flanders v. Goodfellow, sets a new standard to obtain compensation for injuries caused by dogs and other animals.
Breaking Down the New NY Dog Bite Ruling
The case involved postal worker Rebecca Flanders, who was viciously attacked while delivering a package to a home in upstate New York. The dog lunged at her from inside the house, bit deeply into her shoulder, and caused lasting damage that required multiple surgeries.
Under the previous legal standards, Ms. Flanders could not pursue a negligence claim because the dog had not previously bitten anyone. New York adhered to the “one free bite rule.” This rule essentially required evidence of prior attacks and vicious behavior in order to have a successful claim for injuries resulting from dog attacks.
That changes now.
The New York Court of Appeals ruled that victims can now prove negligence in how an owner managed and cared for their dog; if negligence and carelessness are proven, even if the dog never previously bit anyone, the dog owner would be responsible for the injuries sustained by the victim. Evidence of negligence could include not keeping a dog on a leash, not restraining it properly, allowing it to escape from a yard or home, etc…. Proving fault through evidence of prior bites and vicious behavior will continue to be a valid basis for cases.
New York joins the vast majority of other states in recognizing that animal owners may be liable when they fail to exercise reasonable care, regardless of whether their pet had previously attacked anyone.
What This Means for New York Dog Owners
This ruling imposes a broader duty of care on dog owners in New York:
- You are now responsible for supervising and restraining your dog at all times.
- Ignorance of prior aggression is no longer a defense if you fail to act reasonably.
- You may be found negligent if your dog escapes, lunges, bites, or causes injury, even if this is the first such incident.
A New Era for Victims Seeking Justice
If you’ve been bitten or injured by a dog in New York, this ruling empowers you with new legal paths:
- You no longer need to prove the dog had a documented history of aggression.
- If the owner failed to leash, contain, or control their dog, you may have a valid negligence claim.
- The burden is no longer on the victim to prove the dog was previously dangerous — only that the owner failed to act with reasonable care.
These new rules place significant responsibility on dog owners to ensure the safety of others; dog owners will no longer be shielded from responsibility simply because an animal hasn’t previously bitten someone. The latest NY dog bite ruling represents a shift in dog bite case law and brings overdue justice to countless victims who were previously barred from compensation.
Dog owners should ensure that they have adequate liability insurance through their homeowners’ coverage or renter’s insurance. Some policies limit coverage depending on the type/breed of dog that is owned. These issues should be discussed with your insurance brokers or agents. Proper and adequate insurance will protect dog owners and allow for compensation to injured parties where negligence can be proven.
Our Commitment to Injury Victims
At The Law Offices of Elan Wurtzel, we welcome this long-awaited decision as a step toward fairness and accountability. For over 40 years, we’ve fought for the rights of those injured due to negligence, and now, more than ever, dog bite victims in New York have a real chance to be heard and compensated. We are committed to standing by your side and fighting for your rights.
If you or a loved one has been injured in a dog attack, don’t assume you’re without options. Contact us today for a free consultation. We’re ready to listen — and prepared to fight for you.
