Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How long do you have to sue after a dog bite in New York?
Under New York CPLR §214, the statute of limitations for a personal injury claim arising from a dog bite is three years from the date of the attack. If you do not file a lawsuit within that three-year window, the court will almost certainly dismiss your case regardless of its merits.
Does New York follow strict liability or the one-bite rule for dog bites?
New York follows the one-bite rule, not strict liability. To recover damages, an injured person must prove the dog’s owner knew or should have known the animal had vicious propensities—for example, a history of biting, snapping, or aggressive behavior. NYC Admin Code §17-342 adds a separate duty for owners of dangerous dogs in the city, but the underlying negligence standard still turns on the owner’s prior knowledge.
What starts the three-year clock for a dog bite claim in NY?
The limitations period begins on the date the bite or attack actually occurs—not the date you sought medical treatment, not the date you discovered the severity of your injuries. Waiting to see how an injury heals does not pause the clock, so it is important to consult a lawyer as soon as possible after an attack.
Are there exceptions to the statute of limitations for dog bite victims who are minors?
Yes. Under CPLR §208, if the victim was under 18 at the time of the dog bite, the three-year limitations period is tolled (paused) until the child turns 18, giving them until their 21st birthday to file. This exception does not apply if a parent or guardian has already brought a timely claim on the child’s behalf.
Can the filing deadline be even shorter than three years in a New York dog bite case?
Yes. If your claim is against a government entity, such as a city-owned dog or a negligent animal control officer, you must file a Notice of Claim within 90 days of the incident. That window is far shorter than the standard three years, and missing it can bar the claim before the statute of limitations is ever reached. This is why it helps to have a case reviewed early when a public agency may be involved.
What should you do immediately after a dog bite in New York?
Seek medical attention right away and photograph your injuries. Report the bite to the local health department within 24 hours, as NYC law requires. Get the dog owner's contact and insurance details, identify any witnesses, and note anything that shows the dog's prior behavior. Then speak with a personal injury attorney soon, because evidence like witness accounts and the dog's history fades quickly, and the three-year clock starts the day of the attack.
Where does New York's one-bite rule come from?
New York's one-bite rule comes from state common law, as set out in Collier v. Zambito (2004): a dog owner is liable only if they knew or should have known the animal had vicious propensities, such as prior biting, snapping, or aggressive behavior. Documenting that prior knowledge is central to any successful claim.