Dog Bite Lawyer New York

A dog bite can cause deep puncture wounds, nerve damage, and scarring, and the legal rules that govern who pays for those injuries in New York are more nuanced than many people expect. New York does not treat every dog bite as automatically the owner’s financial responsibility; instead, liability generally depends on what the owner knew, or should have known, about the dog, along with a narrow statutory rule that applies only after a dog has already been through a court proceeding. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor, and Mr. Sris and the firm’s Of Counsel attorneys work to build a dog bite claim around the specific history of the animal involved. Call Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation.

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What a Dog Bite Claim Means in New York

New York has no general statute making a dog’s owner automatically liable for every bite. The only statutory strict liability provision applicable to dogs is N.Y. Agric. & Mkts. Law § 123(10), which applies once a dog has been adjudicated a “dangerous dog” through the summary court proceeding described in that same section, and even then, the owner or lawful custodian is strictly liable only for medical costs resulting from an injury the dog causes. That statutory strict liability does not, by its own terms, extend to pain and suffering, lost income, or other categories of damages.

Outside of that specific, adjudicated situation, N.Y. Agric. & Mkts. Law § 123(12) expressly preserves any claim available under the common law, and the great majority of New York dog bite cases proceed under the common-law rule holding an owner or keeper liable for an injury caused by an animal with vicious propensities that the owner knew or should have known about. This is a rule developed through New York court decisions rather than codified in a statute, so it is described here as common law rather than attributed to a specific statutory citation. A separate provision of the Agriculture and Markets Law, section 121, authorizes municipalities to require nighttime confinement of dogs and is not a source of civil liability for a dog bite; it should not be relied on for that purpose.

A dog bite claim is generally treated as a personal injury action and must typically be commenced within three years under N.Y. C.P.L.R. § 214(5), since it is ordinarily framed as a negligence-based claim against the owner rather than an intentional tort. Comparative fault, such as conduct that may have provoked the dog, is generally addressed under the proportional-reduction rule in N.Y. C.P.L.R. § 1411(a).

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Dog Bite Cases

Because most dog bite claims in New York depend on what the owner knew or should have known about the dog’s tendencies, Mr. Sris and the firm’s Of Counsel attorneys focus early on the animal’s history, including any prior bites, aggressive behavior, warning signs, animal-control complaints, or statements from neighbors and others familiar with the dog. This history is often the central issue in the case.

Where a dog has previously been the subject of a dangerous dog proceeding under N.Y. Agric. & Mkts. Law § 123, Mr. Sris and the firm’s Of Counsel attorneys review that proceeding’s record and evaluate how the statutory medical-costs liability under subdivision 10 applies, while also pursuing any additional common-law claim available under subdivision 12 for damages beyond medical costs.

Medical documentation of the wound, any related surgery or scar treatment, and the psychological impact of the attack are compiled throughout the case. Homeowners’ or renters’ insurance often provides coverage for a dog bite claim, and Mr. Sris and the firm’s Of Counsel attorneys communicate with those insurers on the client’s behalf while preparing the case for litigation where a fair resolution cannot be reached. The firm does not guarantee a particular outcome.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems has been applied to complex financial and technology-related cases across the firm’s practice.

Attorneys who work with Mr. Sris contract directly with the firm as Of Counsel and are referred to collectively as Mr. Sris and the firm’s Of Counsel attorneys, never named individually on the firm’s practice-area pages. They handle personal injury matters, including dog bite claims, across the jurisdictions where the firm is authorized to practice. The firm maintains 24/7 phone intake so an injured person can reach the firm at any hour, with case matters handled through scheduled appointments.

In a dog bite case, the approach centers on documenting what the owner knew about the dog and thoroughly recording the injury and its lasting effects. Mr. Sris and the firm’s Of Counsel attorneys evaluate each case on its own facts rather than offering predictions about how a particular claim will resolve.

Frequently Asked Questions

Is a dog owner automatically responsible if their dog bites me in New York?

No, not automatically. New York’s only statutory strict liability for a dog applies under N.Y. Agric. & Mkts. Law § 123(10), and only after the dog has been adjudicated a “dangerous dog,” and even then it is limited to medical costs. Most dog bite claims instead depend on the common-law rule that the owner knew or should have known of the dog’s vicious propensities.

What if the dog had never bitten anyone before my case?

A lack of a documented prior bite does not automatically defeat a claim. Evidence such as growling, snapping, lunging, or other warning behavior known to the owner can support a claim that the owner should have known about the dog’s tendencies, even without a prior bite on record.

What does the “dangerous dog” law actually cover?

N.Y. Agric. & Mkts. Law § 123 establishes a court process for adjudicating a dog as dangerous and, once that adjudication is made, makes the owner or lawful custodian strictly liable for medical costs resulting from an injury the dog causes, under subdivision 10. Subdivision 12 separately preserves any other claim available under the common law or another statute.

How long do I have to bring a dog bite claim in New York?

A dog bite claim is generally treated as a personal injury action and must typically be commenced within three years under N.Y. C.P.L.R. § 214(5). The specific facts should be reviewed to confirm the applicable deadline, particularly if a municipal entity is somehow involved.

Can I still recover if I was on the dog owner’s property when I was bitten?

Being on the owner’s property does not automatically bar a claim, though conduct that may have provoked the dog can be relevant under New York’s comparative fault rule in N.Y. C.P.L.R. § 1411(a). How this applies depends on the specific circumstances of the incident.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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A dog bite claim is one part of a wider personal injury practice, and our page on personal injury lawyer New York covers how these claims are handled.