Recovery for Injury Caused by Dogs in NY Becomes Easier to Obtain

It has become easier for New Yorkers to obtain compensation for injuries caused by dogs.* It is now possible for Plaintiffs in New York to recover damages for injuries caused by dogs due to the negligence of the owner. Before the Court of Appeals April 2025 decision in Flanders v Goodfellow, the victim of a dog attack had to prove that the animal’s owner knew of the animal’s vicious propensities to recover.

Vicious propensity is defined by the Court as “the propensity to do any act that might endanger the safety of the persons and propensity of others in a given situation.” The Court also stated that vicious propensity “should be understood to include “any behavior that reflects a proclivity to act in a way that puts others at a risk of harm.” Vicious propensity could be difficult to prove as dog owners would often deny having such knowledge. However, in the case of Flanders v. Goodfellow, the New York Court of Appeals overturned the previous requirement that one must prove a dog owner was aware of their “vicious propensity.”

Now, a dog owner can also be held liable for negligently failing to prevent the harm. Plaintiffs can argue “negligence and seek to prove that the defendant failed to exercise due care under the circumstances that caused their injury.” Under this rule, an owner is required to be aware of the dog’s normal characteristics, habits and tendencies. Some examples of negligence are:

• where the dog runs into traffic and causes an accident.
• Where the dog is not kept on a leash, resulting in a bite, or knocking a person down.
• Where a dog is allowed to roam unattended.
• Where a front door is left open allowing a dog to escape.
• Where a dog is let loose in the street.
• Where a dog collides with a pedestrian because the dog was called by the owner, or is chasing a ball or stick thrown by the owner.
• Where a dog bites a person while going after food, or trying to stop others from nearing his food.

Further, in the past New York courts have been unwilling to consider the breed of a dog in a dog attack case, however that may no longer be the case. Under the Restatement of Torts, a dog owner is required to know the characteristics that are normal to its class.

If you or a loved one has been injured in an incident involving a domestic animal, do not hesitate to contact a personal injury attorney. At Zalman Schnurman & Miner P.C., the first consultation is always free. Contact us now by phone at 212-668-0059 or over email at info@1800lawline.com.

*The change applies to all domestic animals, not just dogs.