Can I sue a dog owner if their dog bites me in New York?

What the Law Says

New York applies strict liability to dog owners in bite cases — but only if the owner knew or should have known the dog had dangerous tendencies.

Under New York Agriculture and Markets Law § 121, a dog owner is held strictly liable for injuries caused by their dog if the owner had 'knowledge of the dog's vicious propensity.' This means the owner doesn’t need to be negligent — but you must prove they knew (or should have known) the dog was likely to bite or act aggressively.

The law does not impose automatic liability for every dog bite. Courts require evidence of prior incidents — such as prior bites, aggressive behavior reported to the owner, or warnings from others — that put the owner on notice.

This is different from many other states with 'dog bite statutes' that impose liability regardless of prior knowledge. In New York, the burden is on the injured person to show the owner’s awareness of danger.

Statutory Text

If a dog shall do any damage to either the body or property of any person, the owner or keeper thereof shall be liable for such damage, unless such damage was occasioned by the trespassing of such person upon enclosed premises owned or occupied by such owner or keeper, or unless such person shall provoke such dog.

— Agriculture and Markets Law § 121 — Liability for damage by dogs

What Courts Have Said

New York courts consistently hold that plaintiffs must prove the owner’s prior knowledge of dangerous behavior — mere ownership is not enough.

What to Do

Sources