NY Court Overturns ‘One-Bite’ Rule: What It Means for Dog Bite Victims in 2025

A Game Changer for Dog Bite Victims: New York Ditches the “One-Bite” Rule

Imagine being attacked by a dog, suffering serious injuries, and then being told you have no legal recourse because the dog had never bitten anyone before. For years, this was the harsh reality for many dog bite victims in New York. However, in a landmark decision in April 2025, the New York Court of Appeals overturned the long-standing “one-bite rule,” ushering in a new era of protection for dog bite victims. This change, driven by the case of Flanders v. Goodfellow, marks a significant shift in how New York law views dog bite liability, offering new hope and avenues for compensation for those injured by negligent dog owners.

With an estimated 4.5 million dog bites occurring annually across the United States, and New York City alone reporting approximately 4,000 bites each year, this legal reform couldn’t have come at a more critical time.

The “One-Bite” Rule: A History of Limited Protection

For decades, New York adhered to the “one-bite rule,” a legal principle that shielded dog owners from liability unless they knew of their dog’s vicious propensities. This meant that victims had to prove the dog had a history of aggressive behavior, such as prior bites, growling, or lunging, and that the owner was aware of this behavior. This burden of proof often left victims without recourse, even in cases of severe injury, simply because the dog had no prior record of aggression.

The old rule essentially gave dogs “one free bite,” creating a significant obstacle for injured parties seeking compensation for medical expenses, lost wages, and pain and suffering.

Flanders v. Goodfellow: A Turning Point

The case of Flanders v. Goodfellow proved to be the catalyst for change. In this case, a postal worker was bitten by a dog while delivering mail. The lower courts initially sided with the dog owner, citing the “one-bite rule” and the lack of evidence of prior aggressive behavior. However, the Court of Appeals reversed this decision, recognizing the inherent unfairness of the existing law.

The court ruled that dog owners could be held liable for negligence, even if the dog had no prior history of aggression. This ruling effectively eliminated the “one-bite rule” and opened the door for victims to pursue claims based on the owner’s failure to exercise reasonable care.

What the Overturn Means for Dog Bite Victims

The overturn of the “one-bite” rule has profound implications for dog bite victims in New York:

Easier Path to Compensation: Victims no longer need to prove a dog’s prior history of aggression to seek compensation.
Focus on Owner Negligence: The focus shifts to the owner’s actions and whether they took reasonable steps to prevent the injury.
Increased Accountability for Owners: Dog owners are now held to a higher standard of care and can be held liable for failing to act responsibly.
More Avenues for Recovery: Victims can now pursue claims based on both strict liability (if the owner knew of the dog’s vicious propensities) and negligence.

Proving Negligence in a Dog Bite Case

Under the new legal landscape, dog bite victims can pursue compensation by demonstrating that the owner was negligent. Negligence can be established by showing that the owner:

Failed to properly leash or restrain the dog.
Violated leash laws or local ordinances.
Failed to secure the dog behind a fence or gate.
Failed to warn others about the dog’s potential danger.
Allowed the dog to roam freely in public areas.
Failed to supervise the dog adequately.

“Penny’s Law”: Further Protections on the Horizon

Building on the momentum of the court’s decision, proposed legislation known as “Penny’s Law” is gaining traction in New York. If passed, this law would introduce even stronger protections for dog bite victims, including:

Expanded leash requirements in public spaces.
Mandatory signage in dog parks and public areas.
Criminal penalties for fleeing the scene of a dog attack.
Increased penalties for reckless or negligent dog handling.

What to Do After a Dog Bite in New York

If you or someone you know has been bitten by a dog in New York, it’s crucial to take the following steps:

Seek Medical Attention: Dog bites can cause serious injuries, including infections and nerve damage. Seek immediate medical care and document all injuries.
Report the Incident: Report the bite to local animal control or the police department to create an official record.
Gather Information: If possible, identify the dog’s owner and obtain their contact information and insurance details.
Document the Scene: Take photos of the bite, the dog, the location, and any factors that contributed to the incident, such as a broken fence or lack of a leash.
Contact a Personal Injury Attorney: A personal injury attorney can help you understand your rights and navigate the legal process.

The Importance of Responsible Dog Ownership

While the legal landscape has shifted to provide greater protection for dog bite victims, it’s equally important to emphasize the responsibilities of dog ownership. Dog owners have a duty to:

Properly train and socialize their dogs.
Keep their dogs leashed and under control in public areas.
Secure their property to prevent dogs from escaping.
Warn others about their dog’s potential dangers.
Obey all local leash laws and ordinances.

By taking these steps, dog owners can help prevent dog bites and create a safer environment for everyone.

Navigating the New Legal Terrain

The overturn of the “one-bite” rule in New York represents a significant victory for dog bite victims. However, navigating the new legal landscape can be complex. If you’ve been injured by a dog, it’s essential to seek legal guidance from an experienced personal injury attorney who can help you understand your rights and pursue the compensation you deserve.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. You should consult with an attorney to discuss your specific legal situation.