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Long Island Dog Bite Attorney

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Breaking News

New York Dog Bite Laws Change!

The Court of Appeals’ 2025 Flanders v. Goodfellow ruling allows negligence claims against dog owners, even without prior bites.

Read more here.

Holding Negligent Dog Owners Accountable for Serious Injuries across Nassau and Sufolk Counties

A dog attack can cause far more than physical injury. Victims may suffer deep puncture wounds, nerve damage, scarring, and serious infections. The emotional impact can be just as significant, with many people experiencing lasting fear, anxiety, or psychological trauma after an attack, particularly when it occurs close to home. Children are especially vulnerable, and facial injuries are unfortunately common.

When a dog owner fails to control a dangerous animal and someone is injured, the law provides a path for accountability.

At Palermo Law, we handle dog bite cases with a trial-focused strategy from the beginning. Evidence is obtained early, medical documents are recovered and reviewed right away, and liability is looked at carefully. Our firm brings over 75 years of combined legal experience, has recovered more than $75 million for injured clients, and has earned over 400 five-star Google reviews from people we have helped throughout the Long Island area. With nine 9 locations across Suffolk and Nassau Counties, experienced legal help is always close to home.

This preparation and access helps position each case for the strongest possible recovery while reducing unnecessary delays for injured clients.

  • $75M+ Recovered for Clients Over $75 million secured in verdicts and settlements for Long Island injury victims since 1994.
  • 75+ Years Combined Experience Decades of experience handling dog bite and premises liability cases across Nassau and Suffolk Counties.
  • 400+ Five-Star Google Reviews Hundreds of Long Island families who trusted us with their most important cases.
  • Best Law Firm on Long Island Named Best Law Firm on Long Island five consecutive times in the Bethpage Best Of contest.

How Dog Bite Liability Works in New York

New York dog bite law has evolved significantly in recent years.

Under New York Agriculture & Markets Law § 123, a dog owner is strictly liable for a victim’s medical costs in most circumsatnces.

To recover additional damages, including pain and suffering, a plaintiff may proceed under either strict liability or negligence.

Strict Liability (Vicious Propensities)

If a dog previously exhibited aggressive behavior and the owner knew or should have known about it, the owner may be held responsible for resulting injuries.

Evidence of vicious propensities may include:

  • Prior bites or attacks
  • Growling, lunging, or snapping
  • Complaints or warnings
  • Use of restraints or muzzles
  • Warning signs
  • Repeated leash violations

Once notice is established, the owner may be held liable for the injuries caused by the attack.

Negligence

Following the New York Court of Appeals’ 2025 decision in Flanders v. Goodfellow, injured individuals may also pursue traditional negligence claims against dog owners who fail to exercise reasonable care.

Even without proof of prior vicious behavior, an owner may be liable if their careless conduct created a foreseeable risk of harm.

Examples include:

  • Allowing a dog to roam off-leash
  • Failing to secure fencing or gates
  • Ignoring local leash ordinances
  • Improperly restraining a large or reactive dog
  • Failing to supervise a dog around children

Why Strict Liability Still Matters

A plaintiff may benefit from a finding of strict liability because it removes the need to prove that the owner acted unreasonably at the time of the attack. Instead, liability turns on whether the owner had notice of the dog’s dangerous tendencies.

Today, New York dog bite litigation often involves both theories of liability, giving injured victims two avenues to pursue full compensation.

We at Palermo Law love dogs. Many of us are dog owners ourselves. Dog bite cases are not about blaming an animal, they are about responsible ownership. When an injury occurs, the law focuses on whether the owner took reasonable steps to prevent foreseeable harm. Accountability rests with people, not pets.

How New York Dog Bite Law Changed in 2025

A landmark Court of Appeals decision significantly expanded the rights of dog attack victims across New York State.

Before
Pre-2025

Strict Liability Only for Medical Costs

To recover pain and suffering damages, victims had to prove the owner knew the dog had vicious propensities — a high bar that left many claims limited or dismissed.
Vicious Propensity Required
Limited Recovery
After
2025 & Beyond

Negligence Now Available as a Second Path

Victims may now pursue traditional negligence claims even without proof of prior aggressive behavior — if the owner failed to exercise reasonable care.
Negligence Path Added
Broader Recovery

Flanders v. Goodfellow

In this 2025 decision, the New York Court of Appeals held that negligence claims against dog owners are no longer barred by the state’s strict liability framework. Owners who act carelessly — even without a documented history of aggression — may now be held liable for injuries their dog causes.

What This Means for Injured Victims

  • No prior bite required. A victim no longer needs to prove the dog bit someone before to pursue full damages.
  • Two theories, more leverage. Strict liability and negligence can be pursued simultaneously, giving attorneys more avenues to establish liability.
  • Careless ownership is enough. Allowing a dog to roam off-leash, failing to secure fencing, or ignoring local ordinances may now independently support a claim.

This decision changed the landscape for dog bite litigation in New York. Cases that may have been difficult to pursue before 2025 deserve a fresh look.

Where Dog Attacks Occur on Long Island

Dog bite injuries happen throughout Long Island, but some communities see more reported incidents than others. According to data from the United States Postal Service, Long Island accounted for 83 dog bite incidents involving postal workers in 2024, with notable clusters in Hempstead, Bay Shore, and Amityville — each reporting multiple bites.

Dog bite injuries on Long Island can occur in a variety of everyday settings, including:

  • Residential neighborhoods and subdivisions
  • Apartment complexes and shared living environments
  • Public sidewalks and streets
  • Private homes and yards
  • Local dog parks and recreation areas
  • Commercial properties and business districts
  • Outdoor trails, parks, beaches, and greenways

Children are disproportionately affected in many bites, particularly in family neighborhoods where pets are present and children play outdoors. National data shows that most dog bites occur in or near the home with familiar dogs, a pattern that reflects suburban areas with high pet ownership like Long Island.

Long Island’s suburban layout, high homeownership rates, and dense residential clustering contribute to widespread dog ownership and, unfortunately, increased opportunities for injury.

In many cases, homeowner’s or renter’s insurance provides the source of compensation. Early identification of all potentially available insurance, including umbrella policies, is critical to a thorough case evaluation.

How Insurance Companies Defend Long Island Dog Bite Claims

Insurance carriers frequently attempt to narrow or deny liability. Common defenses include:

  • The dog was provoked. This is common in cases that involve children.
  • The injured person was trespassing.
  • The dog had no documented history of aggression.
  • The incident was an isolated event.
  • The injuries are overstated or primarily cosmetic.

In cases involving children, insurers sometimes argue that normal childhood behavior constitutes “provocation.” These arguments must be addressed carefully and factually.

Pro Tip

Stay Off Social Media After a Dog Attack

Insurance adjusters routinely monitor the social media accounts of injury claimants. Private settings offer less protection than you think. A single photograph — you smiling at dinner, sitting on a beach, attending a family event — can be used to construct a narrative that contradicts your injuries, regardless of context. While your case is active:

  • Do not post anything
  • Do not comment on others’ posts
  • Ask family and friends not to tag you in photos
  • Do not check in at locations
  • Do not discuss your case or injuries online.

One photo does not tell the whole story — but insurers will use it as if it does. Silence on social media protects the full value of your claim.

Why Early Investigation Matters

Dog bite cases are highly evidence-driven. Critical records and witness information can become harder to obtain as time passes.

Early investigation may include:

  • Animal control reports and prior complaint history
  • Veterinary records reflecting behavioral concerns
  • Witness statements from neighbors or bystanders
  • Homeowner’s or renter’s insurance documentation
  • Photographic evidence of fencing, gates, warning signs, or restraint methods

Under current New York law, liability may depend on proof of prior aggressive behavior or evidence that the owner failed to act reasonably under the circumstances. Identifying which theory applies, strict liability, negligence, or both, requires prompt and careful fact development.

Preserving evidence early often determines whether a case resolves efficiently or becomes heavily contested. Timely investigation can significantly influence both liability strategy and case value.

Injuries Common in Long Island Dog Bite Cases

Dog attacks frequently cause:

  • Deep lacerations
  • Nerve damage
  • Scarring and disfigurement
  • Infection
  • Crush injuries
  • Psychological trauma
  • Permanent disability

Facial injuries in children often require reconstructive procedures. Scarring cases may involve future revision surgery and long-term emotional impact.

Proper medical documentation is central to fair valuation.

What To Do After a Dog Bite on Long Island

The steps taken after a dog attack can affect both medical recovery and the strength of a legal claim.

Seek Medical Attention Immediately
Even minor puncture wounds can lead to infection, nerve damage, or scarring. Prompt treatment protects your health and creates medical documentation linking the injuries to the attack.

Report the Incident
Notify local animal control or the appropriate municipal authority on Long Island. An official report creates a record of the attack and may reveal prior complaints involving the dog.

Document the Scene and Your Injuries
Take photographs of injuries as soon as possible and continue documenting healing. If possible, photograph the location, fencing, gates, warning signs, or lack of restraint.

Identify the Dog and Its Owner
Obtain the dog owner’s name and contact information. If possible, determine whether homeowner’s or renter’s insurance coverage applies.

Avoid Recorded Statements to Insurance Companies
Insurance adjusters may request a recorded statement shortly after an attack. These statements can be used to minimize claims or suggest provocation.

Consult an Attorney Early
Dog bite cases often depend on evidence of prior aggressive behavior or negligent control of the animal. Early legal involvement helps preserve veterinary records, prior complaints, witness statements, and insurance documentation.

Early evidence preservation often determines whether a dog bite case resolves efficiently or becomes heavily contested.

Know Your Rights

The Insurance Trap: Why You Should Never Give a Recorded Statement

Shortly after a dog attack, you may receive a call from the dog owner’s insurance carrier. The adjuster will sound reasonable — even sympathetic. They will ask you to “just go over what happened” in a recorded statement. Do not do it.

That recording is not for your benefit. Insurance adjusters are trained to ask questions in ways that minimize your injuries, establish fault on your part, or create inconsistencies they can use against you later. Common tactics include:

  • Leading questions about provocation
  • Minimizing your injuries
  • Locking in your account early
  • Creating inconsistencies

You are under no legal obligation to provide a recorded statement to the opposing party’s insurer. Politely decline, and direct them to your attorney. One phone call to Palermo Law can protect everything.

Statute of Limitations and Municipal Liability

Most dog bite lawsuits in New York must be filed within three years of the date of injury under CPLR § 214(5).

However, if the attack involved municipal property, a public housing authority, or a government-maintained location, a Notice of Claim may be required within 90 days under New York General Municipal Law § 50-e.

Determining property ownership and control early is a critical issue in every dog bite case.

Compensation in Long Island Dog Bite Cases

The value of a dog bite case is driven by the seriousness of the injury, the permanence of scarring, the psychological effects of the attack, and the available insurance coverage. Dog attacks often cause injuries that are more significant than they first appear, particularly when facial wounds and nerve damage are involved.

Victims may recover both economic and non-economic damages.

Economic Damages

Economic damages address actual financial losses resulting from the attack. These may include:

  • Emergency room care and ambulance transport
  • Hospitalization and surgical intervention
  • Plastic or reconstructive procedures
  • Ongoing wound care and infection treatment
  • Future medical treatment, including scar revision surgery
  • Psychological counseling or trauma-related therapy
  • Lost income during recovery
  • Diminished earning capacity if the injury results in long-term impairment

When a child is injured, future medical and cosmetic procedures may continue for years as the child grows. Accurate valuation requires careful projection of long-term medical needs and potential future treatment usually done using experts.

Non-Economic Damages

Non-economic damages address the human impact of the injury — the consequences that do not appear on a medical bill but significantly affect daily life.

These may include:

  • Physical pain and ongoing discomfort
  • Permanent scarring and disfigurement
  • Emotional trauma, anxiety, or fear of animals
  • Loss of confidence or social withdrawal
  • Sleep disturbance or post-traumatic stress
  • Loss of enjoyment of life

Visible scarring, particularly on the face, arms, or legs, often becomes a central issue in determining a fair settlement. Insurance carriers frequently attempt to characterize scarring as minor. In reality, permanent disfigurement can carry significant emotional and psychological consequences, especially for children and young adults.

Factors That Influence Case Value

The ultimate value of a dog bite case depends on:

  • Strength of liability evidence under strict liability or negligence principles
  • Permanency of scarring
  • Age of the injured person
  • Need for future surgical revision
  • Psychological impact
  • Available homeowner’s or umbrella insurance coverage

Because dog bite litigation may involve strict liability and/or negligence principles, the strength of the liability evidence directly affects compensation.

Early documentation, proper medical evaluation, and careful presentation of scarring and trauma are critical to ensuring full recovery. We often employ photographers to help us document cases with scarring.

For a broader overview of how injury cases are built and litigated, visit our Long Island personal injury attorney page.

Dog Bite Claims Across Long Island

We represent dog bite victims all over Long Island.

For more local information, visit:

Nassau County: Nassau County dog bite lawyer

Suffolk County: Suffolk County dog bite lawyer

These pages provide county-specific procedural considerations.

Trial-Ready Representation

While many dog bite cases resolve through negotiation, serious injury claims, particularly those involving children, facial scarring, or disputed prior aggression, often require litigation. Insurance carriers frequently deny prior aggressive behavior, argue provocation, or attempt to characterize visible scarring as “cosmetic” rather than permanent disfigurement.

Preparation determines leverage.

From the outset, we evaluate each case as if it may go to trial. That means early evidence preservation, detailed liability review, medical documentation, and, when necessary, consultation with experts to accurately present long-term impact such as scarring and PTSD.

Insurance companies assess risk based on which firms are prepared to present a case before a jury, and which firms are not.

Our firm prepares every dog bite case as if it will be presented in Nassau County Supreme Court in Mineola or Suffolk County Supreme Court in Riverhead. When settlement discussions fail to reflect the true value of a claim, we are fully prepared to try cases.

Why Hire Palermo Law?

We offer free consultations and charge no fee unless we recover compensation. Every case receives direct attorney oversight. We have never represented insurance companies and never will.

How We Build Your Dog Bite Case

From first call to final resolution — a litigation-focused approach at every stage. Most cases settle. We prepare every case for trial — because that preparation is exactly what makes insurance companies take your claim seriously.

1 Full Investigation

We obtain animal control records, prior complaint history, and veterinary records. Evidence of prior aggression can be decisive.

2 Document Every Injury

Medical records, photographs, and treatment notes are organized from day one. Proper documentation is the foundation of fair valuation.

3 Submit for Evaluation

Once treatment is complete, we present a fully documented demand to the carrier — supported by evidence and a clear accounting of your damages.

4 Litigate if Necessary

If the carrier fails to offer fair value, we file suit. Insurers respond differently when they know a firm is prepared to go all the way.

5 Try the Case

If litigation doesn’t produce a fair resolution, we are fully prepared to present your case before a jury in Nassau or Suffolk County Supreme Court.


Steven Palermo, Founder of Palermo Law
Reviewed by

Steven Palermo Esq.

Senior Partner, Palermo Law, P.L.L.C.

Steven Palermo is a Long Island personal injury attorney with more than 25 years of experience representing injured victims in Nassau and Suffolk Counties. He is admitted to the New York State Bar and the United States District Court for the Eastern District of New York.

 

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If you or your child has been injured in a dog attack anywhere on Long Island, contact Palermo Law for a free consultation.

We maintain offices in:

Babylon — serving Babylon Village, West Babylon, and the South Shore
Carle Place — serving Carle Place, Westbury, and central Nassau County
East Hampton— serving East Hampton, Southampton, and the East End
Elmont — serving Elmont, Valley Stream, and western Nassau County
Hauppauge — serving Hauppauge, Smithtown, and central Suffolk County
Huntington — serving Huntington, Commack, and northwestern Suffolk County
Mineola — serving Mineola, Garden City, and Nassau County
Patchogue — serving Patchogue, Medford, and southern Suffolk County
Riverhead — serving Riverhead, Calverton, and eastern Suffolk County

If you cannot travel, consultations can be arranged at your home or hospital.

You may also contact us online.

All cases are handled on a contingency fee basis. You pay nothing unless we recover compensation.

Get Started Today

Dog Bite FAQs

Yes. New York allows dog bite victims to pursue compensation under strict liability if the owner knew the dog had vicious propensities, or under negligence if the owner failed to exercise reasonable care. Following the 2025 Court of Appeals decision in Flanders v. Goodfellow, both theories are available to injured victims in New York.

No. A prior bite is not required to bring a dog bite claim in New York. Evidence of aggressive behavior, prior complaints to animal control, growling, lunging, or failure to properly restrain the dog can all establish that the owner had notice of the dog’s dangerous tendencies.

Yes. You can still pursue a claim. When a dog attack happens at a private residence, compensation is typically paid through the homeowner’s or renter’s insurance policy, not personally by your friend. Most homeowner’s policies include liability coverage for dog bites, sometimes up to $100,000 or more.

Provocation is a common defense raised by insurers, but it is not automatic. The circumstances must be evaluated carefully. In cases involving children, courts generally do not treat ordinary childhood behavior as provocation. Each case turns on the specific facts of what occurred before and during the attack.

In most cases, you have three years from the date of the attack to file a personal injury lawsuit in New York under CPLR 214(5). If the attack occurred on municipal or government-maintained property, a Notice of Claim must be filed within 90 days. Missing either deadline can eliminate your right to recover.

Dog bite victims in New York may recover medical expenses, lost wages, future medical costs including scar revision surgery, pain and suffering, emotional trauma, and damages for permanent scarring or disfigurement. In cases involving children, future cosmetic and reconstructive needs must also be projected and included in the claim.

Dog bite cases in New York can be fact-specific, but they are very winnable with early investigation. Strict liability requires showing the owner knew of the dog’s vicious propensities. Negligence requires showing the owner failed to act reasonably. Strong early evidence, including animal control records and witness statements, is critical to both theories.

Permanent scarring, particularly on the face, neck, arms, or legs, can significantly increase the value of a dog bite claim. New York courts recognize that visible disfigurement carries lasting emotional, social, and psychological consequences. Insurance companies often try to minimize scarring damages, which is why thorough photographic documentation and expert support matter.

Yes, in many cases. A bite is not required to bring a claim in New York. If a dog’s uncontrolled or aggressive behavior caused you to fall and suffer injury, a negligence claim may apply. The key question is whether the owner failed to exercise reasonable care to prevent a foreseeable risk of harm.

Most dog bite claims on Long Island are paid through the dog owner’s homeowner’s, renter’s, or umbrella insurance policy. Identifying all available coverage, including umbrella policies that may provide additional limits, is a critical early step. In some cases, multiple policies may apply, which can significantly increase the available recovery.

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