Major Changes in New York Personal Injury and Medical Malpractice Law: 2025 Appellate Highlights

Leitner Warywoda
Sep 12
3 min read

Major Changes in New York Personal Injury and Medical Malpractice Law: 2025 Appellate Highlights

Are you concerned about how evolving court decisions and laws could affect your New York personal injury or medical malpractice claim? 2025 has ushered in several landmark rulings and statutory changes that may impact both current cases and future litigation. Here’s what every injured New Yorker needs to know.

Key Court Decisions Shaping New York Personal Injury Law

“One-Free-Bite” Rule Overturned in Dog Bite Cases

For decades, New York law made it challenging for dog bite victims to bring negligence claims unless a dog’s owner knew of “vicious propensities.” All of that changed in April 2025, when the Court of Appeals decided Flanders v. Goodfellow, abolishing the so-called “one-free-bite” rule (read analysis).

Owners can now be found negligent for failing to leash, confine, or supervise their dogs — even if the animal never previously bit anyone.
The focus shifts from the animal’s history to whether the owner acted reasonably to prevent foreseeable harm (digest summary).wurtzellaw+1

This is a watershed change for victims and pet owners alike.

Appellate Decisions on Prejudgment Interest and Procedural Pitfalls

A recent decision by New York’s highest court reminds all parties—and attorneys—about the importance of preserving legal arguments for appeal. The Court of Appeals ruled in early 2025 that issues not properly raised at trial, such as the correct start date for prejudgment interest, cannot generally be raised for the first time on appeal. Only rare exceptions apply (full decision).nysba

Takeaway: It is essential to raise all relevant arguments promptly, or risk losing them entirely.

Expanded Paths to Compensation in Subway Injury Case

In Enriquez v. MTA, the appellate court doubled a pain-and-suffering damages award for a woman who suffered a traumatic ankle fracture in a subway fall. The court found the jury’s original award inadequate, highlighting how appellate courts can—and will—increase compensation when justice demands it (case details).newyorkinjurycasesblog

Plaintiff received $300,000 for past pain and suffering, up from $150,000.
However, no award was given for future pain and suffering because of lack of physician testimony at trial.

Civil Procedure and Liability Standards Refined

Primary Assumption of Risk Doctrine Narrowed

The Court of Appeals sought to clarify limits on when “assumption of risk” bars recovery, emphasizing that the doctrine is generally confined to sports and recreation injuries—and is not a free pass for owners or operators to avoid liability for “unreasonably enhanced” risks (legal digest).nysba

Significant Rulings on Property and Construction Accidents

In N.I. v City of New York, the Second Department highlighted procedural hurdles in sidewalk and premises liability cases. Only property owners or those legally responsible for abutting sidewalks may be found liable, and both the city and businesses can escape liability without proof of ownership, control, or prior written notice of defects (decision text).law.justia

New Statutes and Emerging Trends for 2025

Mental Injury and Workers’ Compensation Reform

As of June 2025, New York amended its Workers’ Compensation Law to require claimants seeking compensation for work-related mental injuries to show the disorder was caused by “extraordinary and unusual work stress” tied to a specific event. This raises the bar for many emotional trauma and stress-based claims (read more).jonesjonesllc

Data Privacy and Injury Litigation

The 2024 New York Privacy Act opens new claims for data breaches resulting in personal, financial, or reputational harm. Plaintiffs in personal injury and medical malpractice may have new tools to seek damages when sensitive health or personal data is mishandled (analysis).mainetti

Conclusion: What Does This Mean for Your Case?

The legal landscape for personal injury and medical malpractice is evolving faster than ever. Court decisions are expanding victims’ rights, but strict procedural rules and new statutes create pitfalls for the unwary. The attorneys at Leitner Warywoda continually monitor every change—so our clients stay protected, informed, and ready to win the compensation they deserve.

If you or a loved one has suffered harm and want to understand how these new appellate rulings or laws may impact your case, contact Leitner Warywoda today for a thorough, compassionate review.

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