What Damages Can I Recover in a New York Dog Bite Lawsuit?

Being attacked by a dog can be incredibly tough, both physically and emotionally. Beyond the immediate pain and shock, you may face significant medical expenses, lost wages, and long-lasting consequences that extend far beyond the initial incident. Fortunately, if you have been bitten by a dog in New York, you may be entitled to compensation for your injuries and damages. Understanding the types of damages you can recover in a New York dog bite lawsuit is vital for ensuring you protect your rights and recover the compensation you deserve.

Understanding New York’s Dog Bite Liability System

When it comes to dog bite liability, the Big Apple follows a modified one-bite rule. According to the law, if a dog has been officially deemed “dangerous,” the owner is strictly liable for the victim’s medical expenses. In other words, you do not have to prove fault or negligence. If a dog that is considered “dangerous” bites you, the owner is automatically responsible for paying for your medical expenses.

To recover non-medical damages, New York has long required victims to prove that the dog owner knew or should have known that their dog was dangerous. This is known as the “one-bite rule,” though it does not necessarily require a previous bite. Any history of dangerous behavior is enough to establish liability. However, this changed in April 2025, and now victims have stronger rights to seek compensation.

The Flanders v. Goodfellow Decision

The Flanders v. Goodfellow case overturned a major precedent, the Bard v. Jahnke (2006) case. The Bard case blocked dog bite victims from pursuing compensation under the ordinary negligence theory. In other words, if the dog owner didn’t know of their dog’s vicious tendencies, you generally could not recover anything beyond medical costs.

In April 2025, the New York Court of Appeals changed that in the Flanders decision. In this case, the court ruled that dog bite victims can file negligence claims against dog owners. Courts can now hold dog owners liable if they fail to take reasonable steps to prevent a bite, regardless of whether they were aware of any prior dangerous behavior.

Damages You Can Recover in a New York Dog Bite Lawsuit

Victims of dog bite injuries in New York may be eligible to recover several types of damages, including;

Medical Expenses

Covers emergency care, hospital stays, surgery (if necessary), medication, physical therapy, and follow-up treatment.

Lost Wages and Lost Earning Capacity

If you cannot work due to your injuries, you can seek compensation for the wages lost during your recovery. And if your ability to earn in the future has been affected, you may be able to recover compensation for loss of earning capacity.

Pain and Suffering

Dog bites can cause emotional trauma, post-traumatic stress, and anxiety. Apart from recovering compensation for physical pain, you can also recover compensation for this emotional pain.

Scarring and Disfigurement

New York recognizes the impact that a permanent scar can have on a person’s life, emotionally and socially. If, for example, you sustained a permanent scar on your hand, you can pursue compensation for disfigurement.

Punitive Damages

If the dog owner’s actions were especially reckless, you may be awarded punitive damages, which are meant to punish the dog owner and deter similar conduct in the future.

Contact a Long Island Premises Liability Lawyer

If you’ve been bitten by a dog in New York, contact our skilled Long Island Dog Bite Lawyers at Jacobson Law for help pursuing the compensation you deserve.

Source:

nycourts.gov/ctapps/Decisions/2025/Apr25/29opn25-Decision.pdf