Buffalo, like many cities across the state of New York, has its own set of laws regarding dog bites and the responsibilities that come with dog ownership. Understanding these laws is essential, especially for those who have been injured in a dog bite incident. Dog bite laws in Buffalo focus on determining liability, understanding the obligations of dog owners, and ensuring that victims of such incidents are fairly compensated for their injuries. Importantly, a recent 2025 decision by New York’s highest court—Flanders v. Goodfellow—has significantly expanded the legal options available to victims by allowing both strict liability and negligence-based claims. This ruling reshaped New York dog bite law and made it easier for injured individuals to seek justice. These laws aim to strike a balance between protecting the rights of dog owners and ensuring that individuals who suffer harm are provided with the justice they deserve.
In any dog bite incident, the primary question that arises is who is liable for the injuries sustained. Buffalo’s laws establish clear guidelines regarding this issue, particularly when it comes to negligence and ownership responsibility. Dog owners in Buffalo are required to maintain control over their pets at all times, and if a dog injures someone, the owner may be held liable for the damages caused. Liability in dog bite cases is determined based on several factors, including whether the dog had a known history of aggression or whether the owner acted negligently in controlling their pet. For individuals seeking compensation, understanding the intricacies of Buffalo’s dog bite laws is crucial in ensuring that justice is served and that those responsible are held accountable.
Liability Under Buffalo’s Dog Bite Laws
Buffalo follows New York State’s laws when it comes to determining liability in dog bite cases. The law distinguishes between two types of cases: strict liability and—as of April 2025—negligence-based liability.
Strict Liability
Strict liability applies when it can be proven that the dog owner knew or should have known that their dog had a propensity to be dangerous or vicious. For example, if the dog had previously bitten someone or exhibited aggressive behavior, the owner could be held strictly liable for any future bites or attacks, regardless of the precautions they may have taken.
Negligence-Based Liability (NEW)
In a landmark 2025 ruling, Flanders v. Goodfellow, the New York Court of Appeals reversed long-standing precedent and now permits negligence-based claims in dog bite cases. This means that even if the dog had no history of aggression, the owner can still be held liable if they failed to act with reasonable care to prevent the attack.
Negligence-based liability applies in situations where a dog owner fails to take reasonable steps to prevent harm—such as not using a leash, failing to secure their yard, or allowing the dog to roam unsupervised. In these cases, the injured party must show that the owner’s lack of reasonable care caused the injury.
This change gives victims two legal avenues to pursue compensation: one based on the dog’s known dangerous behavior, and the other on the owner’s failure to act responsibly.
Proving a Dog’s Vicious Propensities
One of the critical elements in dog bite cases is proving whether the dog in question had “vicious propensities.” In legal terms, vicious propensities refer to a dog’s tendency to act aggressively or cause harm to others. This can be established by showing evidence of past aggressive behavior, such as previous bites, growling, lunging, or other actions that indicate the dog is prone to attack. Witness testimony, veterinary records, or even accounts from neighbors who may have observed the dog’s behavior can all be used to prove that the owner was aware of the dog’s dangerous tendencies.
However, proving vicious propensities can sometimes be challenging, particularly if the dog has never bitten anyone before. In cases where there is no documented history of aggression, the court may look at other factors, such as the breed of the dog, the circumstances leading up to the attack, and whether the owner took reasonable steps to prevent the incident. In any case, it is vital for victims to gather as much evidence as possible to support their claim, as this can significantly impact the outcome of the case.
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Compensation for Dog Bite Victims in Buffalo
For those who have been injured in a dog bite incident, compensation is a critical component of the recovery process. Dog bites can result in serious physical injuries, including deep lacerations, nerve damage, and scarring. In some cases, victims may also experience psychological trauma, particularly if the attack was severe or involved a child. Compensation in dog bite cases is intended to cover the various costs associated with the injury, including medical bills, lost wages, pain and suffering, and any ongoing rehabilitation or therapy that may be required.
The amount of compensation that a victim can receive depends on several factors, including the severity of the injury, the impact it has had on the victim’s quality of life, and whether the dog owner acted negligently or was aware of the dog’s aggressive tendencies. In cases where the injuries are particularly severe, such as permanent disfigurement or disability, victims may be entitled to higher compensation. Additionally, if it can be proven that the owner acted with reckless disregard for the safety of others, punitive damages may also be awarded as a way to punish the owner for their actions.
It is important for victims to keep thorough records of their injuries and expenses following a dog bite incident. Medical records, photographs of the injuries, and receipts for any treatments or medications can all serve as valuable evidence in a compensation claim. By documenting the full extent of the injury and its impact, victims can ensure that they receive the compensation they need to move forward and recover from the incident.
Dog Owner Defenses in Dog Bite Cases
While dog bite victims have the right to seek compensation for their injuries, dog owners also have the right to defend themselves against these claims. One common defense that owners may use is that the victim provoked the dog, either by teasing, tormenting, or threatening it. If the court finds that the victim’s actions directly caused the dog to attack, the owner may not be held liable for the injuries.
Another defense that dog owners may raise is that the victim was trespassing on their property at the time of the attack. In cases where the victim was unlawfully on the owner’s property, the owner may argue that they had no obligation to prevent the dog from defending its territory. However, this defense may not apply if the victim was invited onto the property or had a legitimate reason to be there, such as delivering a package or performing maintenance work.
Finally, some dog owners may claim that they were unaware of the dog’s aggressive tendencies and that the attack was an isolated incident. In these cases, the burden of proof falls on the victim to demonstrate that the owner either knew or should have known about the dog’s dangerous behavior. By challenging the victim’s evidence or presenting witnesses who can testify to the dog’s normally docile nature, the owner may be able to reduce their liability or avoid it altogether.
Filing a Dog Bite Claim in Buffalo
For those who have been injured in a dog bite incident, filing a claim is the first step toward seeking compensation. In Buffalo, the statute of limitations for personal injury claims, including dog bite cases, is generally three years from the date of the injury. This means that victims have a limited window of time to take legal action, and it is crucial to file a claim as soon as possible to preserve their rights.
When filing a claim, the injured party will need to gather evidence to support their case. This includes medical records, witness statements, photographs of the injuries, and any documentation that shows the dog’s history of aggressive behavior. It is also advisable to consult with an attorney who has experience in handling dog bite cases, as they can provide valuable guidance and representation throughout the legal process.
Once a claim is filed, the court will review the evidence and determine whether the dog owner is liable for the injuries. If liability is established, the court will then assess the amount of compensation that the victim is entitled to receive. While many dog bite cases are resolved through settlement negotiations, some may go to trial if the parties cannot agree on a fair compensation amount. In such cases, having strong legal representation is essential in ensuring that the victim’s rights are protected.
The Role of Insurance in Dog Bite Claims
In many dog bite cases, the dog owner’s homeowner’s insurance policy may cover the victim’s injuries. Homeowner’s insurance typically includes liability coverage for dog bites, which can help cover medical expenses, lost wages, and other damages. However, some insurance policies may exclude certain breeds of dogs or limit the amount of coverage available for dog bite claims. It is important for victims to review the dog owner’s insurance policy to determine whether they are entitled to compensation through this avenue.
If the dog owner’s insurance does not provide sufficient coverage, or if the owner does not have insurance, the victim may need to pursue compensation directly from the owner. This can be more challenging, particularly if the owner does not have the financial means to pay for the damages. In such cases, an attorney can help explore other options for recovering compensation, such as filing a personal injury lawsuit.
If you or someone you love has been injured in a dog bite incident in Buffalo, it is important to seek legal assistance to understand your rights and options. The experienced attorneys at Friedman & Ranzenhofer, PC are here to help guide you through the process and fight for the compensation you deserve. We have a deep understanding of Buffalo’s dog bite laws and are committed to ensuring that victims receive the justice and financial support they need. Contact Friedman & Ranzenhofer, PC today for a consultation to discuss your case and learn how we can assist you in moving forward with your claim.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup