Understanding Your Legal Rights in Dog Bite Cases

Brian Magnosi | Dog Bites | July 25, 2025

Not all dogs are friendly or well-behaved, some dogs bite. Dog bites are not just painful and traumatic experiences – they can lead to serious legal complications. In NYC, dog bites are a significant public health hazard, leading to an estimated 4,000 emergency room visits yearly. Dog bite cases often involve complex legal considerations, and just like other attack-based injuries, you have certain legal rights after suffering dog bites.

Unfortunately, the most frequent victims of dog bites are children between the ages of 5 and 9. Why? Young kids do not always realize that dogs might be very dangerous. Their interaction with dogs can be devastating and lead to severe injuries and in some cases even death.

What to Do if a Dog Has Bitten You

New York dog bite litigation falls under the umbrella of a personal injury lawsuit. If you are a dog bite victim, your immediate priority should be your health and safety. Before seeking any legal action, here are some critical steps to take:

Seek Medical Attention: Even if the dog bite seems minor, seeing a healthcare professional is critical. Dogs can carry with them diseases, infectious bacteria, and other malignant pathogens. Dog bites can lead to infections like tetanus or rabies, which can be fatal if not treated.

Document the incident: After receiving medical attention, make sure you take pictures of the injury and note where and when it happened, as well as any witnesses who were there. Documentation will be very important if you decide to take legal action in the future.

Report the Bite: In NYC, you can report an animal bite by calling 311 or reporting it to the New York City Department of Health and Mental Hygiene. This step can help ensure the dog is quarantined and observed for signs of rabies and help authorities track any patterns of aggressive behavior. It also provides a record of the attack which will be helpful in any litigation.

Identify the Dog and its Owner: If the dog is a pet, identify the dog owner and get their name and address. Find out if the dog has had prior issues with aggression or has a history of similar incidents. This information will play a big part in the outcome of any potential legal action.

Legal Implications Dog Bites

Dog bites fall under standard negligence, meaning the dog’s owner should have taken precautions so that their dog can not harm anyone. If the dog does injure someone, the owner or their insurance company can be responsible for compensating the victim for their injuries, pain and suffering, medical bills, therapy bills, and lost wages. Dog owners are expected to take reasonable steps to ensure their dog does not pose a risk to others. Those steps may be as standard as training and using a leash, but if the dog has exhibited aggressive tendencies in the past, the owner should take additional precautions.

If you are the owner of a dog that has harmed someone, many homeowners’ insurance policies offer coverage for dog bite claims. If a claim is made against you, your insurance may cover the costs of medical bills, legal fees, and any compensation the victim may be entitled to.

Filing a Lawsuit After a Dog Bite

If you or a loved one gets bitten by a dog, look for a New York personal injury attorney who understands dog bite cases. To start building a case you will need to establish liability. To win a dog bite case, you must prove that the dog owner was negligent or that the dog was dangerous. This can include evidence such as the dog’s history of aggressive behavior, witness testimony, and expert opinions from veterinarians or animal behaviorists.

Damages you can claim:

Medical Bills (past and future)

Lost Wages due to an inability to work

Disability

Pain and Suffering from the injury and emotional trauma

Plastic or Corrective Surgery

Punitive Damages in extreme cases where the owner’s behavior was particularly reckless

Time Limits

Each state has a statute of limitations that limits how long you have to file a lawsuit after a dog bite. In New York, the statute of limitations for a dog bite injury lawsuit is three (3) years. It’s important to act quickly if you wish to pursue legal action and file an injury claim.

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