Dog bite incidents can be traumatizing, both physically and emotionally. In Kenmore, New York, like elsewhere, victims often face common misconceptions about dog bite claims. With the New York Court of Appeals’ recent landmark decision in Flanders v. Goodfellow (April 17, 2025), the legal landscape has significantly changed—broadening the rights of victims and the responsibilities of pet owners. In this article, we will debunk outdated myths and explain the essential steps to take when pursuing a dog bite claim in Kenmore under the updated law.
Misconception 1: Only Severe Injuries Are Eligible for Compensation
One prevailing misconception is that only severe injuries qualify for compensation. In reality, the severity of the injury affects the potential compensation but does not determine eligibility. Even relatively minor injuries—scratches, punctures, or superficial wounds—can be grounds for a valid claim, especially if they cause pain, emotional distress, or require medical attention.
Misconception 2: The Dog Owner’s Liability Is Automatic
While pet owners are increasingly held accountable, liability is not automatic. Under the updated law, there are now two legal paths to compensation:
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Strict Liability: If the owner knew or should have known the dog had “vicious propensities”—e.g., past aggression, growling, or lunging.
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Negligence (New in 2025): Even if a dog has no known history of aggression, owners can now be held liable for failing to reasonably control their dog or prevent foreseeable harm.
Thanks to Flanders v. Goodfellow, victims no longer need to prove prior aggression to bring a claim. This change brings New York in line with most other states and opens the door to more fair outcomes.
Misconception 3: Claims Only Matter If You Have Visible Injuries
Dog bite claims are not limited to physical wounds. Victims frequently suffer emotional and psychological trauma, such as anxiety, PTSD, and fear of dogs or public spaces. These non-physical injuries can be just as debilitating—and fully compensable under New York law.
Navigating a Dog Bite Claim in Kenmore: Key Steps
1. Seek Prompt Medical Attention
Documenting your injuries early strengthens your case and helps protect your health.
2. Identify the Dog and Its Owner
Get the owner’s contact and insurance information if possible. Witness contact info can also help corroborate your story.
3. Preserve Evidence
Take photos of your injuries, the location of the incident, and any relevant factors (e.g., open gate, no leash, lack of warning signs).
4. Report the Incident
Report the bite to local authorities or animal control. This ensures proper documentation and may uncover prior complaints.
5. Consult an Experienced Attorney
An attorney can now pursue both strict liability and negligence claims—which means more legal avenues to pursue compensation for medical expenses, lost wages, pain and suffering, and more.
The Emotional Toll: What Victims Should Know
Emotional injuries matter. Victims often face long-term psychological impacts that interfere with daily life.
Post-Traumatic Stress Disorder (PTSD)
Flashbacks, nightmares, and social withdrawal are common symptoms—and courts now recognize these as legitimate injuries.
Heightened Fear or Anxiety
Fear of dogs or reluctance to enjoy outdoor or social activities is normal after an attack—and may be compensable.
Impact on Daily Functioning
Ongoing emotional and mental health challenges—difficulty sleeping, concentrating, or returning to work—should be factored into your claim.
A Legal Turning Point for New Yorkers
The Flanders v. Goodfellow decision reshapes animal injury law in New York. It means:
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You no longer have to prove prior vicious behavior to bring a dog bite claim.
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Owners are now accountable for failing to act with reasonable care—even if their dog had no known history of aggression.
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Victims have more tools to seek justice and compensation.
Contact Friedman & Ranzenhofer, PC
If you or a loved one has been the victim of a dog bite in Kenmore, you don’t have to navigate the new legal landscape alone. At Friedman & Ranzenhofer, PC, we stay on top of the latest developments—like the groundbreaking Flanders ruling—to give our clients every advantage.
Call us today for a free consultation. We’ll review your case, explain your rights under both strict liability and negligence theories, and help you take decisive action to get the compensation you deserve.