Dog Bite Laws in New York

Liability in New York State for injuries caused by a dog bite was clear and unequivocal for years. Under Bard v. Jahnke, 6 N.Y.3d 592 (2006), a plaintiff cannot sue a domestic animal owner for injuries caused by the animal under a common-law negligence liability theory. For a plaintiff to be successful against a pet owner under Bard, the plaintiff would have to sue under a strict-liability theory and prove the owner knew the pet had “vicious propensities”. This has been the law in New York since at least 2006 when the Court of Appeals issued Its decision in Bard.

The liability laws for pet injuries, from dog bites, in particular, changed in April 2025. The Court of Appeals in Flanders v. Goodfellow, 2025 N.Y. Slip Op 02261 (April 17, 2025) overruled and reversed Bard. Under the ruling in Flanders, victims of dog bites in New York can now sue under two theories of liability. Victims can sue under the strict-liability theory as seen in Bard, which requires the plaintiff to prove the pet owner knew or had to reason to know about the pet’s vicious propensity behaviors. Flanders now also allows a plaintiff to sue under common- law negligence, which simply requires the plaintiff to show that the owner did not take reasonable steps to prevent the harm the pet caused. A plaintiff can assert either or both theories in a lawsuit for pet-induced injuries.

The Court of Appeals decision in Flanders expands liability for pet owners. The decision also brings New York in line with most other states regarding holding pet owners accountable for injuries the pets caused.