If you’ve ever been bitten by a dog in New York, you may have heard the phrase “the dog had never bitten anyone before” come up in court — or its absence used against you.
Until recently, to hold a dog owner liable for a bite (or attack), the plaintiff generally had to prove that: (1) the dog had shown “vicious propensities” in the past (i.e. prior bites or warning behavior); and (2) the owner knew, or should have known, of those propensities.
Put another way, this harsh rule meant that, to win a case, you had to prove the dog had acted dangerously before — by barking, growling, chasing people, or biting someone. If you couldn’t prove that the dog had vicious propensities that the owner knew about or should have known about, your case might be thrown out before it ever reached a jury.
Under this old standard, many dog bite claims were dismissed, even when the injury was severe and the owner was careless. The law didn’t focus on the owner’s carelessness — just the dog’s history. This made it harder for people bitten by dogs with no known aggressive history to obtain justice. The deck was stacked against injury victims. Victims were often left to pay medical bills out of pocket, miss work, and live with permanent scarring or trauma.
However, in a recent landmark decision, the New York Court of Appeals (New York’s highest court) put an end to the so called “one bite” or “vicious propensity” rule, creating a significantly more favorable path for many dog bite victims. This case, Flanders v. Goodfellow (2025 NY Slip Op 02261), represents one of the biggest shifts in New York personal injury law in recent years.
The New Standard – Flanders v. Goodfellow
Under the new ruling, Plaintiffs no longer need to show a dog had previously bitten or acted aggressively to hold the owner liable. The key question now is whether there was negligence — i.e., whether the dog owner failed to take reasonable precautions that a person in their position should have taken under the circumstances.
For example: was the dog properly restrained? Were there warnings? Was the environment one where the risk of harm was foreseeable? If a dog owner fails to take reasonable steps to prevent a bite — like not using a leash, not securing a yard, or letting a dog roam free — and someone gets hurt, that owner can now be held fully accountable, even if it was the dog’s “first bite.”
This change brought New York into alignment with a majority of other states, where negligence is the standard, rather than requiring proof of prior aggression. The ruling put the focus where it belongs: on the owner’s responsibility, not the animal’s past.
What This Means For Dog Bite Victims and Plaintiffs
The new standard means a potentially easier path to recovery for victims. No longer must victims overcome the hurdle of proving the owner’s awareness of a dog’s past dangerous behavior (knowledge of vicious propensities).
The new negligence standard will open up far more claims to being viable (and compensable) where they once would have been subject to dismissal. The principles of negligence that apply in other injury cases will now apply here, rather than an archaic standard that was unique to New York.
What This Means for Dog Owners and Defendants
On the other side, the new standard means new responsibility (and potential liability) for dog owners, who now have to be more proactive. What constitutes “reasonable precautions” in the context of dog ownership could be litigated heavily in the coming years. The standard has shifted, but its application will vary by facts. Even without prior incidents, there are many scenarios that could lead to legal liability.
Claims will focus much more heavily now on examining the presence (or absence) of reasonable behavior on the part of the dog owner, i.e., showing steps taken to prevent harm, training, warning signage, proper restraint, fencing, or other safety measures.
Dog owners’ homeowner policies, renter’s insurance, or pet liability policies may face more claims. Insurance companies may challenge claims and push for stricter definitions of negligence or contesting what was reasonably foreseeable. Owners should check their coverage and take steps to prevent incidents that expose their personal assets.
What To Do If You’re Bit By A Dog:
- Get medical attention. Even a minor bite can lead to infection.
- Document everything: injuries, medical treatment, photos, location, and if possible, the dog that bit you.
- Report the bite to your local animal control or police department. An official report helps build your case.
- Gather any evidence of negligence: Was there oversight by the owner? Was the dog restrained or under control? Were there local leash laws or signage that were violated?
Conclusion
Dog bite injuries aren’t just physical. They leave emotional scars — fear, anxiety, the trauma of being attacked out of nowhere.
The ruling in Flanders v. Goodfellow is a game changer. For victims, it offers a clearer, fairer path to holding negligent dog owners accountable. For owners, it imposes heightened responsibility. If you or someone you know either has been bitten by a dog — or owns a dog — you’ll want to understand these changes.
When you pursue a claim, you’re not just fighting for yourself. You’re holding negligent dog owners accountable, helping make sure they take better precautions in the future — and that someone else doesn’t have to go through what you did.
If you’re considering a claim, don’t wait. Legal strategy matters, and the law has changed. Reach out to experienced personal injury counsel like the attorneys at Grandelli & Eskenasi.
