Who is liable if a dog bites me in New York?

1. Liability Standard

New York is a hybrid jurisdiction. Under Bard v. Jahnke, 6 N.Y.3d 592 (2006), and Agriculture & Markets Law § 121, owners are strictly liable only for the victim's medical and veterinary costs. All other damages (pain and suffering, lost wages) require proof the owner knew or should have known of the dog's vicious propensities.

2. Statutory Elements (Medical-Cost Strict Liability)

Plaintiff must prove: (a) defendant owned the dog; (b) the dog was previously declared "dangerous" or the owner knew of its propensities; and (c) the bite caused the medical expenses claimed.

3. Common-Law "One-Bite" Doctrine

For pain-and-suffering damages, plaintiff must prove scienter — prior bites, growling, lunging, "Beware of Dog" signs, training as a guard dog, or similar evidence.

4. Trespasser Defense

Trespassers receive limited protection; they must still prove scienter for all damages.

5. Provocation Defense

Provocation is a defense to both strict-liability medical costs and negligence claims.

6. Comparative Fault

New York's pure comparative-fault rule (CPLR § 1411) reduces recovery proportionally; no percentage bar.

7. Landlord Liability

A landlord can be liable if they had actual knowledge of the dog's vicious propensities and the right to remove it (Strunk v. Zoltanski).

8. Homeowner's Insurance

Standard New York policies cover dog bites; breed exclusions are common. Insurance Law § 3420 restricts certain exclusions.

9. Damages

Strict-liability medical costs plus pain and suffering, scarring, lost wages, and emotional distress on a scienter showing.

10. Criminal Liability

Under Agriculture & Markets Law § 121, owners of dangerous dogs that cause serious injury face misdemeanor charges; death can support criminal negligence prosecution.

This is legal information, not legal advice.