Can I sue if a dog bit or attacked me in New York?

Dog bites and attacks can cause serious injuries — deep lacerations, nerve damage, broken bones from falls, and lasting psychological trauma. New York has a split system for dog bite liability that makes it important to understand exactly what happened and what the owner knew.

Strict Liability for Medical Costs

Agriculture and Markets Law §123 creates strict liability for a dog owner whose dog bites someone. This means for medical expenses, you do not need to prove the owner was negligent or knew the dog was dangerous. If their dog bit you, they pay your medical bills, period.

Pain and Suffering: The One-Bite Rule

To recover pain and suffering, lost wages, and other general damages in New York, you must prove the owner had prior knowledge of the dog's dangerous or vicious propensities. This is the one-bite rule — evidence that the dog previously bit someone, snapped at people, lunged aggressively, or was kept as a guard dog can all establish the owner's knowledge.

What Evidence Helps Your Case

• Prior complaints to the owner or building management about the dog's behavior
• Animal control or police records of prior incidents
• Witness testimony from neighbors about the dog's aggressive history
• Breed-specific history of aggression (context, not dispositive)

Landlord Liability

Landlords can also be liable if they knew a tenant had a dangerous dog and failed to act. This is particularly relevant in New York City apartment buildings where landlords have control over tenants.

New York's pure comparative negligence rule under CPLR §1411 applies — if you provoked the dog, your recovery may be reduced. Three-year deadline under CPLR 214. No fee unless we win.