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Many times when people get bitten by a dog, they don’t know where to turn. The internet is flooded with tips that may or may not help you litigate your injury. Below is the Friedman & Ranzenhofer ultimate guide to dog bites. It reflects the latest developments in New York dog bite law—especially after the April 2025 Flanders v. Goodfellow decision—and can help if you or a loved one has been attacked.
1.) The Owner is Responsible for the Dog Attack
In New York, dog owners have a legal responsibility to prevent their pets from harming others. This includes:
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Keeping dogs under control
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Securing the premises with fences, gates, or leashes
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Warning visitors if the dog has shown any aggressive tendencies
Thanks to the Flanders ruling, owners can now be held accountable under two legal standards:
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Strict Liability: If the dog had a known history of viciousness (e.g., previous bites, lunging, growling, or aggression), the owner is strictly liable.
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Negligence: Even if the dog had no history of aggression, the owner can be sued if they failed to act reasonably to prevent harm (e.g., leaving the dog unleashed when guests arrive).
Summary:
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Owners must control and properly house their dogs.
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Vicious dogs must come with proper warnings.
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Owners can now be liable under both strict liability and negligence laws.
2.) The Questions You Should Ask the Dog’s Owner
If you come into our Buffalo office after being bitten by a dog, the most important thing is to first make sure you have received the proper medical treatment. You must ask the dog’s owner whether that dog is current with its shots – and you want to see proof of that. As far as your claim is concerned, you need to know a little bit about the dog, such as whether that dog has ever bitten anybody before and whether the dog is known to be vicious or has been involved in similar vicious activity in the past.
Summary:
- If have been bitten by a dog, first make sure to seek the proper medical treatment.
- Ask the dog’s owner whether the dog’s shots are current, and get proof.
- To support your claim, gather information about the dog’s history.
- Ascertain whether the dog has bitten others, or is known to be vicious.
3.) Typical Dog Bite Injuries
Generally when somebody comes into our Buffalo office after they’ve been bitten by a dog, the most common indication of injury is the bite mark and/or scratching, and any resulting scarring that remains after the injuries have been treated. There may also be other injuries. We’ve had people who have fallen and suffered broken bones as the result of a dog bite; however, the most common injury is generally the dog bite itself, as well as any scarring that’s left after the bite heals.
Summary:
- After a dog bite, the most common indication of injury is the bite mark and any scarring that remains.
- Other injuries can include fall, resulting in broken bones.
4.) Determining a Good Dog Bite Case
Previously, a dog bite case in New York required proving the owner knew of the dog’s prior vicious behavior. That’s no longer the only path.
After Flanders v. Goodfellow, there are now two paths to a successful claim:
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Strict Liability: You can prove the dog had a known history of aggression.
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Negligence: You can show the owner failed to act reasonably to prevent the bite—even if the dog had no prior incidents.
Summary:
Strong evidence includes past aggressive behavior or failure to secure the dog.
You now have two legal options to build your case.
5.) Being Covered Under a Homeowner’s Policy
Generally, when someone comes into our office after they’ve been bitten by a dog, they want to know whether or not any insurance will be involved. Normally, the dog’s owner or the person who owns the home where the dog lives is covered by a homeowner’s policy. If you’ve been bitten by a dog, it’s important to find out who owns the dog and put that person on notice. In other words, you send them a letter or, in some other documentable way, let them know you’ve been bitten by their dog. You also want to find out who their insurance company is so you can notify that insurance company that you’ve been bitten by a dog owned by their policyholder.
Summary:
- The dog’s owner or the person who owns the home where the dog lives may have a homeowner’s policy.
- If you’ve been bitten, it’s important to find out who owns the dog and put that person on notice via a letter or other documentable way form.
- Find out who their insurance company is and notify them that you’ve been bitten by a dog owned by their policyholder.
6.) 
What to Do if the Owner Doesn’t Have Insurance
If you’ve been bitten by a dog and the owner doesn’t have insurance, you must take a very careful look at the circumstances and decide whether or not to bring that claim. In such cases, we will usually do an asset search or some sort of history on that owner to ascertain whether they have the financial resources to compensate you for your injuries. Before you spend a lot of time, money, and effort trying to pursue a claim, it’s very important to make sure you have that background information. You want to be sure that, at the end of the day, all of your time and effort expended in pursuing the desired result, you’ll be able to obtain a recovery for the expenses you incurred because of that dog bite.
Summary:
- If the owner of a dog that bites you doesn’t have insurance, look very carefully at the circumstances to decide whether to bring a claim.
- We will conduct an asset search or history to ascertain whether they have the financial resources to compensate you.
- Before spending time, money, and effort on a claim, be sure to get that background information.
Have you or a loved one been bitten or attacked by a dog causing serious injury? Let one of our experienced Injury Attorneys in Buffalo NY fight for your full recovery.
This educational legal blog was brought to you by Michael Ranzenhofer, an experienced Buffalo Personal Injury Attorney.
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