Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How long do you have to sue for a dog bite in New York?
Under CPLR §214, New York gives dog bite victims three years from the date of injury to file a personal injury lawsuit. If you miss this statute of limitations deadline, the court will almost certainly dismiss your case regardless of how strong the evidence is.
Does New York have strict liability for dog bites?
No. New York follows the one-bite rule, not strict liability. To recover damages, you must prove the dog owner knew or should have known the dog had vicious propensities — for example, that it had bitten before, growled aggressively, or was kept chained as a warning. This knowledge element is what courts focus on in NY dog bite cases.
Does NYC have any additional dog bite laws beyond state law?
Yes. NYC Administrative Code §17-342 requires dog owners to report certain bites to the Department of Health. While this is a public health requirement rather than a civil liability rule, an owner’s failure to comply and the resulting health department records can be useful evidence of their awareness of a dog’s dangerous behavior in a civil lawsuit.
What happens if the dog bite victim is a minor?
When the victim is under 18, the three-year statute of limitations is typically tolled (paused) until the child turns 18, after which they have three years to file. However, there are exceptions and complications, so consulting an attorney as soon as possible after any bite — regardless of the victim’s age — is strongly advised to preserve evidence and witness accounts.