Being bitten by a dog can be a traumatic and painful experience, leaving lasting physical and emotional scars. If you find yourself in such a situation and the incident occurred on public property in Williamsville, New York, it’s important to understand your rights and the potential for legal recourse. The law surrounding dog bites and liability can vary from state to state, and even from one location to another within a state. In this article, we’ll delve into the factors that might come into play when determining whether you can sue if you were bitten by a dog on public property in Williamsville.
The Legal Landscape
New York State has laws in place to address dog bite incidents, and the locality of Williamsville is no exception. Traditionally, New York followed a “one-bite rule,” which meant that dog owners could be held liable for injuries caused by their dogs if they were aware (or should have been aware) of their dog’s dangerous propensities.
However, as of April 17, 2025, the New York Court of Appeals’ decision in Flanders v. Goodfellow expanded victims’ rights by allowing dog bite lawsuits based on negligence, even if the dog had never previously shown aggressive behavior. This decision significantly changes how courts handle dog bite cases throughout the state.
Public Property and Liability
When it comes to dog bites on public property in Williamsville, the legal considerations can be complex. While dog owners have a duty to ensure the safety of those on their private property, they also have a responsibility to control their animals in public spaces.
Thanks to the Flanders ruling, victims can now pursue compensation under two legal theories:
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Strict Liability: If the dog had previously shown aggressive behavior or the owner should have known the dog was dangerous.
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Negligence: If the owner failed to act with reasonable care, such as not using a leash or ignoring clear signs of aggression—even if the dog had no prior incidents.
This dual-path approach provides stronger protections for those injured by dog bites, even on public property.
Negligence and Leash Laws
To determine if you can sue after being bitten by a dog on public property, you no longer need to prove the dog had a history of aggression. Instead, you may establish negligence by showing that the dog owner failed to properly control their animal or violated local leash laws.
For instance, if Williamsville has a leash law requiring dogs to be on a leash in public spaces, and the dog that bit you was unleashed at the time, this could form a strong basis for a negligence claim. Even in the absence of a specific leash law, demonstrating that the owner failed to act with reasonable care—such as allowing a large dog to roam freely—may support your lawsuit.
Gathering Evidence
If you’ve been bitten by a dog on public property and believe you have a valid claim, it’s crucial to gather evidence to support your case. This evidence could include:
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Medical Records: Document your injuries and treatment.
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Eyewitness Statements: Testimony from those who saw the incident can help clarify what happened.
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Photographs: Take photos of your injuries and the location of the attack.
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Dog Owner Information: Obtain the name and contact details of the dog’s owner.
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Incident Reports: File a report with animal control or local authorities and get copies.
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Veterinarian or Behavioral Records: If the dog has a history of aggression, these may support a strict liability claim.
Additionally, you can submit a Freedom of Information Law (FOIL) request to see if any prior complaints or bite reports exist about the dog.
The Emotional and Physical Impact
Being bitten by a dog on public property is not just a matter of physical injuries; it can also have a significant emotional impact. The aftermath may involve anxiety, trauma, and ongoing fear around animals or public spaces. Medical care, therapy, and time off work can result in significant financial burdens.
With the legal updates under Flanders, you are no longer required to shoulder these costs on your own if the dog owner acted carelessly.
The Importance of Responsible Dog Ownership
The recent changes in New York law underscore the importance of responsible dog ownership. Pet owners are now legally obligated not only to manage known risks, but also to take proactive steps to prevent harm—regardless of whether their dog has a history of aggression.
This means following leash laws, using appropriate restraints, posting warnings, and properly training and socializing pets. Failing to do so may now lead to liability under a negligence standard.
Conclusion: You Have Legal Options
If you’ve been bitten by a dog on public property in Williamsville, you may have grounds for legal action against the dog owner. Thanks to the 2025 Flanders ruling, you can now pursue both strict liability and negligence claims. Establishing what happened, gathering evidence, and consulting an attorney are critical first steps toward holding the dog owner accountable.
At Friedman & Ranzenhofer, PC, we’re here to help you understand your rights and explore your legal options. Our experienced team is dedicated to advocating for individuals who have suffered due to dog bites and other personal injury incidents. Contact us today for a consultation and take the first step toward getting the compensation you deserve.
Contact Friedman & Ranzenhofer, PC today to schedule a consultation and learn more about how we can assist you with your dog bite case on public property in Williamsville. Your rights matter—and we’re here to help you seek the justice and compensation you deserve.
