NEW YORK’S 2025 DOG BITE LAW: MORE PROTECTION, GREATER RESPONSIBILITY

Brett Leitner
Oct 29
3 min read

In April 2025, New York’s top court changed the landscape of dog bite law, making it easier for injury victims to secure compensation and holding dog owners to a higher standard of care.

Why Did New York Abandon the “One Free Bite” Rule?

For years, New York’s “one-bite rule” required victims to prove that the dog had a “vicious propensity” and the owner knew about the animal’s dangerous behavior.
Owners were often not liable for a first bite—even if they were careless. This made New York an outlier; most states already allowed negligence-based claims for dog attacks.
The rule shielded owners of dogs without a known bite history from liability, often leaving victims without recourse after a sudden attack.
National trends and high-profile cases inspired legislative efforts and legal challenges for years.
The Court of Appeals decision in Flanders v. Goodfellow (April 2025) finally set a new standard, overturning decades of precedent.

What’s the New Standard for Dog Bite Liability?

Victims can now bring negligence lawsuits against dog owners. No need to prove past bites or aggression.
Strict liability still applies if a dog had a known dangerous history and the owner failed to act.
The focus is now on the actions of the owner: Did they take reasonable precautions? Were leash laws or fencing rules followed? Did they ignore warnings about risky behavior?

Practical Examples of Owner Negligence

Walking a dog off-leash in a public park (where leashes are required).
Leaving a fence or gate broken, allowing the dog to escape.
Ignoring a dog's past incidents of jumping, growling, or lunging.
Allowing a dog to roam unsupervised near children or strangers.

If such negligence leads to an injury—even if the dog never bit before—the owner may be liable for damages.

What Does This Change Mean for Injury Victims?

Easier access to compensation: No more digging for proof of previous incidents or relying on public records.
Victims can claim for medical costs, lost wages, scarring, emotional trauma, pain and suffering, and other damages related to the attack.
Cases may resolve faster since the legal focus is on the owner’s actions, not only the dog’s record.

What Counts as Reasonable Precautions?

Using a leash whenever required by law or local ordinance.
Maintaining secure and undamaged fences or enclosures.
Promptly responding to warnings or behavioral changes in the dog.
Ensuring that dogs are monitored and never left alone with small children or vulnerable people.
Investing in training and socialization, especially if the dog displays any aggression.

Failure in any of these areas can be considered negligence under the new law.

What Happens Now for Dog Owners?

You must proactively ensure your dog does not pose a danger to others—regardless of their history.
Document the steps you take: repair fences, follow leash laws, enroll in behavior classes, and supervise your pet.
Insurance companies may update coverage standards and requirements due to increased liability exposure.
Owners who negligently fail to protect the public face legal and financial consequences, even for “friendly” dogs.

Professional, Compassionate Representation for Dog Bite Cases

These expanded protections give injury victims a better chance at recovery and safety. The updates also align New York law with the majority of other states, promoting fairness for both families harmed by attacks and responsible pet owners.

If you or a loved one has suffered a dog bite injury in New York, the team at Leitner Warywoda is committed to providing knowledgeable, compassionate counsel under this new law. Contact us for a free consultation and learn about your rights, the compensation you may be entitled to, and how we can help build your case.

This post is for informational purposes only and does not constitute legal advice. Please consult an attorney for advice tailored to your situation.