Here in Rochester, a peaceful stroll can take an unexpected turn when a dog attacks. If you or a loved one are a victim of a dog attack, contact a seasoned Rochester dog bite lawyer from Lacy Katzen LLP today.
Dog Bite Lawyer | Helping Dog Attack Victims in Rochester, NY, And Surrounding Areas
Dog attacks are traumatic experiences, often resulting in extensive injuries. Dog attack victims need an experienced legal advocate who can effectively fight for the compensation they need to get their lives back on track. A Rochester personal injury lawyer at Lacy Katzen LLP is prepared to champion your interests so that you can focus on your recovery.
Understanding New York Dog Bite Law
Under New York law, domestic pet owners can be held “strictly liable” if they knew—or should have known—that their pet had “vicious propensities.” This includes knowledge of prior aggressive behavior such as biting, growling, lunging or other behavior that might cause injury. If this knowledge can be proven, the owner is responsible for any injuries caused, regardless of the precautions taken. Even if the owner is not negligent, they can still be held accountable. The remainder of this page refers specifically to dog attacks, however, the law in New York encompasses all domestic pets including but not limited to cats, birds and even livestock such as goats, cattle and horses.
Vicious propensities may not necessarily mean biting someone, they could also include:
- Aggressive barking, snapping or growling
- Jumping or lunging at passersby or animals
- Attempts to break free from restraints or fences
Even seemingly non-aggressive behavior – like a dog with a propensity to jump on people or chase bicycles – can result in liability of the dog owner if that behavior causes injury. For example, if you know your Labrador has a tendency to playfully jump on people, you are responsible to control the animal because his jumping may cause injury if he knocks someone down.
This standard can also be applied to others who are left in charge of the dog such as a caretaker, dog sitter or even a landlord if they are familiar with the dog’s propensity to act in a dangerous way.
New York Ruling Expands Legal Protections for Victims
In April 2025, New York’s highest court issued a major decision in Flanders v. Goodfellow, changing the legal landscape for dog bite cases. For the first time, the Court recognized that dog owners can also be sued under a theory of ordinary negligence, even if their dog had no known history of “vicious propensities” or to act in a way that might cause harm. In its decision, the Court recognized that failing to hold negligent, irresponsible dog owners accountable for their bad behavior, simply because the dog had no history of aggression, was unfair to those injured.
This means victims now have two legal avenues for recovery:
- Strict Liability – when the dog had known, prior dangerous tendencies
- Negligence – when the dog owner failed to take reasonable steps to prevent foreseeable harm (e.g., not leashing the dog, failing to secure a gate, failing to take reasonable steps to prevent harm by even a friendly dog).
This dual-path approach aligns New York with most other states and makes it easier for injured individuals to hold negligent pet owners accountable.
Steps to Take After a Dog Attack
Experiencing a dog attack can be traumatizing, but taking swift and methodical steps post-incident can help safeguard your rights:
- Seek Medical Attention: First and foremost, ensure you get the necessary medical care. Dog bites can cause open wounds, tissue damage and pose a risk of infection. Your medical professionals may want to ensure the dog has been vaccinated against rabies.
- Report the Incident: Notify local police and animal control or dog warden about the attack. Ask if they have any record of prior incidents involving the dog. Advise that you wish to pursue dangerous dog charges in the local town or city court.
- Gather Information: If possible, obtain details about the dog; name, color, size, weight, markings, the name and address of the dog’s owner and where the dog lives.
- Gather Witness Information: This includes anyone who witnessed the attack and also anyone who is familiar with the dog and may have seen the dog acting aggressively.
- Document the Scene: If possible, take pictures of your injuries, the location of the attack, the dog itself, and any other relevant details.
- Hire an Attorney: A knowledgeable dog bite lawyer can gather time-sensitive evidence, offer guidance, evaluate the merits of your case, and navigate New York’s intricate dog bite laws.
Compensation Available for Dog Injury Victims
Victims of dog attacks can face many challenges: Medical bills, physical limitations, scarring, psychological trauma, and even lost wages due to recovery time. Thankfully, New York law allows victims to seek compensation for:
- Medical Expenses: This includes past, current, and anticipated future medical costs related to the attack.
- Pain and Suffering: Compensation can be awarded for both physical pain and emotional and psychological trauma caused by the attack.
- Lost Wages: If the injury prevented you from working either temporarily or permanently, you could be compensated for lost income.
- Property Damage: If the incident led to property damage such as when a dog runs into the street and causes a car accident.
When to Contact a Dog Bite Lawyer: it is Important to Act Promptly
In New York, there is a limited timeframe during which you can file a lawsuit for a dog bite. Generally, this time limitation is three years from the date of the bite but can be extended for children and in other, limited circumstances. However, when you are injured by a dog, it is important to act promptly if you intend to bring a claim. Investigation immediately after a bite can be critical to your case. The dog may be moved, given away or even euthanized before there is an opportunity to investigate. Locating witnesses familiar with the dog such as neighbors and delivery people can become much more difficult over time.
If you or someone you know has suffered a serious injury caused by a dog or other domestic animal in New York, it’s essential to be aware of your rights. Consulting with a knowledgeable attorney can help you navigate the complexities of New York’s dog bite law, so you receive the compensation you deserve. Contact Lacy Katzen LLP for a free initial consultation today.
