Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is the statute of limitations for a dog bite in New York?
New York Civil Practice Law and Rules §214(5) gives injury victims three years from the date of the dog bite to file a personal injury lawsuit in state court. If you miss this deadline, you permanently lose the right to seek compensation, regardless of how severe your injuries were.
Does New York have strict liability for dog bites, or does the one-bite rule apply?
New York follows the one-bite rule, not strict liability. Under New York common law as established in Collier v. Zambito (2004), a dog owner is liable only if they knew or should have known the dog had vicious propensities — such as prior biting, snapping, or aggressive behavior. Evidence of that prior knowledge is central to any successful claim.
Are there exceptions that could shorten or extend the filing deadline?
If the bite victim is a minor, the three-year clock typically does not start until the child turns 18, potentially extending the deadline. Claims against a government entity — such as a city-owned dog or a negligent animal control officer — require a Notice of Claim filed within 90 days of the incident, a far shorter window. An attorney can identify which rules apply to your specific situation.
Does NYC have any additional dog bite laws beyond the state one-bite rule?
Yes. New York City Administrative Code §17-342 requires dog owners to license and leash their animals, and courts may treat a violation of that ordinance as evidence of negligence. While this does not eliminate the need to prove the owner knew the dog was dangerous, it can strengthen a claim where the owner was already in violation of city code at the time of the attack.