New York Dog Bite Laws: Owner Liability and Deadlines

New York has a dog bite statute, but it only covers certain situations; other cases follow traditional common-law rules.

New York dog bite law at a glance

Question	Answer
Type of rule	Strict liability for medical costs of dangerous dogs; one-bite rule otherwise
Main statute	Ag & Mkts Law 123
Civil penalties	Up to $400, or $1,500 for serious injury
Filing deadline	3 years (Justia)

What New York law says

Owners of dangerous dogs are strictly liable for medical costs (123).
Negligently allowing a bite can bring a civil penalty up to $400, or $1,500 for serious physical injury.
Beyond medical costs, the one-bite rule applies (Justia).

Strict liability vs. the one-bite rule

The statute imposes liability only in the situations it lists. Outside those situations, injured people rely on the common law: showing the owner knew or should have known the dog was dangerous (the "one-bite" rule) or that the owner was negligent.

Dangerous dog rules in New York

A dangerous dog attacks without justification causing injury or death, threatens serious harm, or injures a service dog (108(24)).
A judge must find dangerousness by clear and convincing evidence after a hearing (123).
Orders may include sterilization, microchip, training, confinement, leash and muzzle, and up to $100,000 liability insurance.
If a previously dangerous dog causes serious injury through negligence, the owner faces up to $3,000 and 90 days.

Deadline to file a claim

Justia's 50-state survey lists 3 years as the general personal injury deadline (statute of limitations) in New York. The clock usually starts on the day of the bite. Different deadlines can apply to claims against a government agency or on behalf of a child, so confirm the deadline for your situation with a licensed attorney.

What to do after a dog bite

Get medical care, even for a small puncture; bites can become infected.
Get the owner's name, contact details and the dog's rabies vaccination status.
Report the bite to local animal control or the health department; many places require it so the dog can be observed for rabies.
Photograph the injuries and the location, and write down witness names.
Keep medical bills and records of missed work, and talk to an attorney before signing anything from an insurer.

If you own a dog that has bitten someone, follow any confinement order from animal control, keep the dog's rabies vaccination current, and consider working with a trainer or behaviorist. Leash rules are covered in New York leash laws.

Sources

This page summarizes state statutes for general information and is not legal advice. Laws change and cities and counties often add their own rules; check the current statute and your local ordinance, or ask a licensed attorney about your situation.

New York Dog Bite Laws