## Who pays when a dog bites someone in New York? Every state has a rule for when the owner of a biting dog has to pay for the injuries. The rules fall into three categories. ### New York's rule **Hybrid / modified rule**. The state applies strict liability in some circumstances (running at-large, certain locations, prior "dangerous" designation) and the common-law one-bite rule in others. **Worth knowing about New York:** New York uses a peculiar rule: strict liability for medical costs and veterinary expenses; ordinary negligence (with knowledge of viciousness) for pain and suffering. Result is somewhere between strict and one-bite. ## What you typically have to prove In a hybrid state, BOTH paths are open. The plaintiff usually argues for strict liability first (if the facts support it — dog at large, designated dangerous, in a public place) and falls back on the common-law negligence/one-bite analysis if not. ## Common defenses - **Trespasser** — the victim was on the property without permission - **Provocation** — the victim hit, teased, or otherwise provoked the dog - **Comparative negligence** — the victim's own carelessness contributed to the bite - **Veterinarian / professional handler rule** — vets, groomers, and handlers assume some risk of being bitten - **Police / military dog exception** — dogs used in lawful law-enforcement activities ## What damages can be recovered - **Medical bills** — including future care for scars and reconstructive surgery - **Lost wages** — and lost earning capacity if injuries are permanent - **Pain and suffering** - **Disfigurement / scarring** — particularly significant for facial injuries to children - **Emotional distress / PTSD** — common in severe attacks - **Property damage** — torn clothes, damaged personal items ## Insurance is usually how this gets paid Most dog-bite claims are paid by the dog owner's homeowner's insurance or renter's insurance — not out of the owner's pocket. Some insurers exclude specific breeds (rottweilers, pit bulls, certain mixes) or refuse to insure dogs with prior bites. Check the policy. ## Reporting requirements Most New York cities and counties require dog bites to be reported to the local health department or animal control within a short window — typically 24-72 hours — to start the rabies-observation process. Reporting also creates an official record that helps a later civil claim. ## Time limits Dog-bite claims are personal-injury claims and follow your state's general personal-injury statute of limitations (usually 2-3 years from the bite). Don't wait — evidence disappears quickly and witnesses move. ## What you should do If you've been bitten in New York: get medical care immediately, take photos of the injuries, get the owner's name and insurance information, file a report with animal control, and call a personal-injury attorney before talking to anyone's insurance company. Most New York dog-bite attorneys offer free consultations and work on contingency. --- *This guide is general information about New York law as of early 2026 and is not legal advice. Dog-bite rules have edge cases and exceptions; talk to a licensed New York attorney about your specific situation.*