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Dog Bite Lawyer in Queens, NY
We sue owners of dogs that bite or knock people down. New York is a vicious-propensity state, which means the legal question is whether the owner knew the dog had the capacity to do what it did. Once that's established, the owner is strictly liable for the injuries. Most dog bite cases in NYC are paid by a homeowner's insurance policy. When the owner is a tenant and the landlord knew the dog was dangerous, the landlord can also be on the hook. Prior results do not guarantee a similar outcome. Call 718-261-0546.
How New York handles dog bite cases
The vicious-propensity rule
New York is unusual. Most states have a "one bite" rule or strict liability by statute. New York applies the common-law rule from Bard v. Jahnke (6 N.Y.3d 592): the owner is strictly liable only if the owner knew, or should have known, that the dog had vicious propensities. That knowledge can be proven through prior bites, prior aggressive behavior, breed-specific evidence in some cases, complaints by neighbors, or warnings the owner gave.
Negligence-only theories rarely work. The Court of Appeals in Petrone v. Fernandez (12 N.Y.3d 546) shut down ordinary-negligence claims against dog owners. The case stands or falls on whether vicious propensity can be established.
Strict liability if the owner knew
Once vicious propensity is shown, strict liability attaches. The plaintiff doesn't need to prove the owner failed to use reasonable care. The owner is responsible for whatever the dog did, regardless of whether the owner had the dog leashed, fenced, or restrained at the time of the bite.
Landlord liability, when the dog isn't the landlord's
If the dog belongs to a tenant, the landlord can be liable if the landlord (a) knew the tenant kept a dog with vicious propensities and (b) had control over the dog's presence on the premises. Strunk v. Zoltanski (62 N.Y.2d 572) is the controlling case. This matters in NYC because most dog bites happen in apartment buildings, and the homeowner's policy on a single-family home doesn't apply when the building is rental property.
What the case is worth
Damages in a dog bite case typically include:
- Medical expenses, emergency room, antibiotics, rabies prophylaxis if the dog can't be confirmed vaccinated, plastic surgery for facial scarring.
- Scarring damages, permanent visible scars, especially on the face, neck, hands, and exposed forearms, are compensable in their own right.
- PTSD and emotional distress, children bitten by dogs frequently develop lasting cynophobia. Adult victims report sleep disruption and avoidance behavior. New York recognizes emotional injury as compensable.
- Lost wages, if recovery from surgery or anxiety treatment kept you out of work.
Insurance coverage is usually a homeowner's HO-3 policy. The standard limit is $300,000, but excess and umbrella coverage frequently bring the total available limits to $1 million or more on residential dog bite claims. Commercial liability policies cover dog bites at businesses (groomers, pet stores, daycares). Renter's policies cover tenants. We pursue every available source of coverage.
What to do after a dog bite
- Get medical care. Document the wound. Wash thoroughly. Take pictures. Confirm rabies status.
- Identify the dog and the owner. Get the owner's name, address, and a photo of the dog if possible. If the dog ran off, look for surveillance camera footage from nearby buildings or businesses.
- Report the bite. NYC Health Code §11.03 requires reporting animal bites to the NYC Department of Health within 24 hours. The bite has to be reported by the medical provider or the dog owner, but you can call 311 to be sure.
- Don't sign anything. The dog owner's insurer may try to settle quickly with a small payment. Don't take it. The medical bills, scar revision, and the long tail of psychological treatment frequently exceed the first offer by 5x or more.
- Call us. 718-261-0546. Free consultation. We'll tell you what the case is worth before you decide anything.
How long do you have?
Three years from the date of the bite, under CPLR §214(5). If the dog belongs to a New York City employee or the bite happened on city property (NYC Parks, NYCHA grounds), a 90-day Notice of Claim under General Municipal Law §50-e may be required. Don't assume. Call within the first month if you can.
Talk to Nick
Free consultation. No fee unless we win. Twenty-two years on personal injury cases, including dog bite cases against homeowners and landlords across Queens, Brooklyn, the Bronx, and Manhattan. Call 718-261-0546 or tell us what happened. Hablamos español.
Attorney Advertising. Prior results do not guarantee a similar outcome. This page is informational and does not create an attorney-client relationship. Every case is different. The information here reflects general principles of New York personal injury law and is not a substitute for legal advice on your specific situation.
Law Offices of Nicholas Rose, PLLC | 102-11 Metropolitan Avenue, Forest Hills, NY 11375 | (718) 261-0546 | nicholas@nroselaw.com
Common questions.
Effectively yes for vicious-propensity purposes. Under Bard v. Jahnke, 6 N.Y.3d 592 (2006), and Petrone v. Fernandez, 12 N.Y.3d 546 (2009), liability requires that the owner knew or should have known the dog had vicious propensities, bite history, aggressive lunging, prior complaints, or 'beware of dog' signs the owner posted. Without prior notice, common-law liability is harder.
Yes if the landlord knew the dog was dangerous and had control over the situation (could have refused to renew the lease, evicted the tenant, etc.). The standard is that the landlord had actual or constructive knowledge of the dog's vicious propensities and the ability to remove the danger.
Medical expenses (ER, surgery, scar revision, plastic surgery), lost wages, pain and suffering, permanent scarring (especially on face or hands), PTSD, and loss of enjoyment of life. NYC dog-bite verdicts often include significant cosmetic-disfigurement components, scarring on the face or hands is heavily weighted by NY juries.
Usually yes. Standard homeowner's HO-3 policies and renter's HO-4 policies typically cover dog-bite liability, with coverage limits often $100,000-$500,000. Some insurers exclude specific breeds (pit bulls, rottweilers); we pull the policy and check. Commercial property policies cover dog injuries on business premises.
Three years from the date of the bite under CPLR §214(5). For NYC Animal Care and Control reports, they should be filed within 24 hours under the NYC Health Code. Get medical care and report the bite immediately, both create the paper trail your case needs.
Free consultation. No fee unless we win.
Call 718-261-0546 or use the form. I answer my own phone during business hours, and the answering service patches urgent calls through after hours.
Twenty-two years on these cases. Boutique New York City practice with a real team behind it. Bilingual concierge on staff. Hablamos español. Arabic spoken on request.