When a dog attacks a child, parents face medical bills, emotional fallout and unanswered questions about who is responsible. New York law provides specific answers, but the rules are layered.
Strict liability and medical costs
Under New York Agriculture and Markets Law § 123, a dog owner is strictly liable for all medical costs resulting from an attack. You do not need to prove the owner knew the dog was dangerous. The owner cannot escape responsibility for hospital and treatment expenses by arguing the dog had no prior incidents.
This strict liability rule is narrow. It covers medical and veterinary costs only. To recover additional damages, you must clear a higher bar.
The one-bite rule and additional damages
New York generally applies the one-bite rule for pain and suffering, emotional trauma and lost wages. To recover these damages, you must show the owner knew or had reason to know the dog had vicious propensities. Evidence of prior knowledge can include:
- Previous bite history: The dog bit or attacked someone before.
- Documented aggression: The dog had a pattern of snarling, snapping or fighting other animals.
- Fight training: The owner trained the dog to be aggressive.
Courts will weigh all available evidence about the dog’s history when evaluating your claim.
Negligence as a separate path
A 2025 New York Court of Appeals decision expanded liability beyond the one-bite rule. Owners can now be held liable under a negligence theory even if their dog was never deemed dangerous. If an owner let a dog roam unleashed or failed to restrain an animal near children, that carelessness may support a claim.
Property owners may also face liability if they knew a dangerous dog was on the premises and failed to act.
Filing a claim on your child’s behalf
Children cannot file lawsuits on their own in New York. A parent or legal guardian may file a personal injury claim on the child’s behalf. New York also applies comparative fault on a case-by-case basis when a minor is involved. A child’s age, maturity and understanding of risk are considered before assigning any share of fault.
When to speak with an attorney
Dog bite claims involving children involve overlapping rules on strict liability, negligence and comparative fault. An attorney can help you understand your options and evaluate what damages may be available based on the specific facts of your situation.