Neighbor News
NYC Dog Bite Law Update 2025: Court Expands Victims’ Rights
In 2025, a landmark decision by the New York Court of Appeals in Flanders v. Goodfellow transformed New York's dog bite laws.
What Changed in New York’s Dog Bite Law?
Before April 2025
New York adhered to the “one-bite rule,” requiring dog bite victims to prove the dog had “known vicious behavior” (e.g., prior attacks, growling, or lunging) to recover damages under strict liability. Negligence claims against dog owners were not permitted, making it difficult for victims to succeed without evidence of the dog’s prior aggressive behavior.
After April 2025
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The Flanders v. Goodfellow ruling allows victims to pursue claims under both strict liability and negligence. Victims no longer need to prove the dog’s history of aggression. Instead, they can hold owners liable if they failed to take reasonable precautions to prevent the attack, aligning New York’s laws with modern personal injury standards in most other states.
Why This Matters for Victims
The elimination of the one-bite rule significantly benefits dog bite victims by:
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- Providing More Pathways to Recovery: Victims can now pursue both strict liability and negligence claims, increasing their chances of success.
- Enabling Compensation for First-Time Attacks: Even if a dog has no prior history of violence, victims can seek damages if the owner’s negligence caused the incident.
- Increasing Owner Accountability: Dog owners must exercise greater caution to prevent harm, knowing they can be held liable for failing to act responsibly.
The Flanders v. Goodfellow Decision
The Incident (2018)
In December 2018, postal worker Rebecca Flanders was attacked by a dog while delivering a package to the home of Stephen and Michelle Goodfellow. The dog burst through the door, biting her shoulder and causing severe injuries, including a muscle tear requiring multiple surgeries and leaving permanent scarring.
Early Rulings
Flanders sued the Goodfellows for strict liability and negligence, citing affidavits from colleagues who reported the dog’s prior aggressive behavior (growling, lunging, and baring teeth). However, the New York Supreme Court dismissed her claims, ruling that she failed to prove the owners had “constructive knowledge” of the dog’s dangerous tendencies, as required under the one-bite rule. In 2023, the Appellate Division upheld this dismissal.
The 2025 Reversal
In April 2025, the New York Court of Appeals overturned the lower courts’ decisions, reinstating Flanders’ claims. The court ruled that the owners’ claimed ignorance of their dog’s behavior raised sufficient factual questions to warrant a trial. This decision overturned the 2006 Bard v. Jahnke precedent, which had barred negligence claims in dog bite cases, and established that owners can be held liable for failing to take reasonable precautions, regardless of the dog’s prior behavior.
Common Dog Bite Injuries
Dog attacks can result in severe, life-altering injuries, including:
- Deep lacerations and permanent scarring
- Nerve damage
- Infections requiring IV antibiotics
- Emotional trauma and PTSD
- Disfigurement necessitating reconstructive surgery
The expanded 2025 law ensures more victims can seek compensation for these physical, emotional, and financial harms.
Proving Negligence in Dog Bite Cases
To succeed in a negligence-based dog bite claim, victims must demonstrate:
- Duty of Care: The owner had a responsibility to prevent harm.
- Breach of Duty: The owner failed to take reasonable precautions.
- Causation: The owner’s failure directly caused the injury.
- Damages: The victim suffered physical, emotional, or financial harm.
Examples of Negligence
- Allowing a dog to roam off-leash in a public area.
- Failing to secure a gate, enabling the dog to escape.
- Ignoring warnings or reports of the dog’s aggressive behavior.
- Not restraining a dog known to jump on people.
Each case is unique, so consulting an experienced attorney is essential to assess negligence and build a strong claim.
What to Do After a Dog Bite
If you’ve been bitten by a dog in New York, follow these steps to protect your health and legal rights:
- Seek Medical Care: Obtain immediate treatment and thoroughly document your injuries.
- Document the Incident: Take photos of the bite, the dog, the location, and any property damage.
- Report to Authorities: Notify animal control or local police to create an official record. ###li
- Contact an Attorney: Consult a personal injury lawyer to explore your options and build a robust case.
Why Hire a Dog BiteLawyer?
Dog bite cases involve complex legal and factual issues, particularly with New York’s updated laws. An experienced attorney can:
- Investigate and gather evidence to prove negligence or strict liability.
- Collaborate with medical experts to demonstrate the full extent of your injuries.
- Handle negotiations with insurance companies and defense lawyers.
- Pursue maximum compensation for medical bills, lost income, pain, and suffering. Varcadipane & Pinnisi, PC, we represent dog bite victims across New York and New Jersey. With over two decades of experience and more than $50 million recovered for our clients, we fight aggressively for your rights on a contingency fee basis—you pay nothing unless we secure compensation for you.
