Dog bite lawyers for New Jersey and New York

When a dog attacks, the injuries can be severe. Deep puncture wounds, torn skin, nerve damage, infections and permanent scars can follow even a single bite. Many people also hesitate to bring a claim because the dog belongs to a neighbor, a friend or a relative.

This page explains how dog bite claims work in New Jersey and New York, including New York’s major change in 2025, and what to do in the first days after a bite. It is general information, so talk with a lawyer about your own situation.

New Jersey’s strict liability dog-bite law

New Jersey has a specific dog-bite statute that favors injured people. Under N.J.S.A. 4:19-16, the owner of a dog that bites a person is liable for the resulting damages “regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.”¹ This is called strict liability, meaning you do not have to prove the owner was careless or knew the dog was dangerous.

The statute has three main requirements.

• The dog must bite. The law covers bites. Other injuries are handled under different rules, discussed below.
• The defendant must be the owner. The statute speaks of the “owner” of the dog. Claims against someone else, such as a landlord, generally depend on common-law rules.
• You must have been in the right place. The bite must happen in a public place, or while you were lawfully on private property, including the owner’s own property. You are lawfully there if you were invited, expressly or by implication, or if you were performing a duty imposed by New Jersey law or by federal law or postal regulations, as a mail carrier does.¹

The New Jersey Supreme Court has confirmed that the statute means what it says. In Goldhagen v. Pasmowitz, a kennel worker was bitten by a dog she was caring for. The Court refused to create an exception for people who care for dogs professionally and held that the statute applied to her claim. The owner may still argue that the injured person’s own conduct contributed to the bite, and a jury can reduce damages under comparative negligence principles.³ Our guide to comparative negligence explains how that reduction works.

Knockdowns and other non-bite injuries in New Jersey

Not every dog injury is a bite. A large dog can jump on an older adult and break a hip, or chase a cyclist into traffic. Because New Jersey’s statute is limited to bites, these claims proceed under the common law.

As the Supreme Court explained in DeRobertis v. Randazzo, the owner of a domestic animal is held absolutely liable at common law if the owner knew or had reason to know of the animal’s dangerous propensities. This knowledge is often called “scienter.” Without that knowledge, the owner can still be liable for negligence, which means failing to use reasonable care to control the dog.²

Evidence of a dog’s prior jumping, lunging or aggression, complaints from neighbors and the way the owner restrained the dog can all matter in these cases.

When a landlord may be responsible

Sometimes the dog belongs to a tenant. A New Jersey appellate court has held that a landlord can be liable for an attack by a tenant’s dog when the landlord knew the dog was dangerous and the attack happened in an area the landlord controlled, such as a shared yard or common hallway. In Linebaugh v. Hyndman, the court explained that a landlord in that position must take reasonable measures to protect other tenants and their guests.⁴

New York’s vicious propensity rule

For many years, New York law made dog bite claims difficult to win. Under Collier v. Zambito, the owner of a domestic animal who knows or should have known of the animal’s vicious propensities is strictly liable for the harm the animal causes because of them.⁵

“Vicious propensities” covers more than prior bites. The Court of Appeals has said the term includes a tendency to do any act that might endanger others. An owner’s knowledge can be shown by prior similar acts, by evidence the dog was known to growl, snap or bare its teeth, and by whether and how the owner chose to restrain the dog. Barking alone, or the fact that a dog was kept behind a fence, is not enough on its own.⁵⁶

Then, in Bard v. Jahnke, the Court went further and held that the vicious propensity rule was the only path to recovery against an animal’s owner. Ordinary negligence claims were not allowed.⁶ An injured person who could not prove the owner knew or should have known of a dangerous history had no claim against the owner, even if the owner had been careless. The Court later carved out an exception in Hewitt v. Palmer Veterinary Clinic, holding that a veterinary clinic could be sued for negligence over an attack in its waiting room without proof that it knew of the dog’s vicious propensities.⁷

Flanders v. Goodfellow changed New York law in 2025

On April 17, 2025, the New York Court of Appeals decided Flanders v. Goodfellow. The plaintiff, a postal carrier, was bitten on the shoulder by the defendants’ dog while delivering a package, and she needed multiple surgeries. Other postal workers said the dog had previously growled, snarled and slammed into windows.⁸

The Court made two rulings.

1. The strict liability claim could go to trial. The evidence raised a question of fact about whether the owners had constructive knowledge of the dog’s aggressive behavior, so the strict liability claim was reinstated.
2. Negligence claims are now allowed. In a unanimous decision, the Court held that “to the extent we previously held that a plaintiff may not assert a common-law negligence cause of action against the owner of a domestic animal for harms caused by that animal, we now overrule that precedent.”⁸

The Court explained that barring negligence claims had shifted the burden of care, and the cost of injuries, from animal owners to the people hurt by their animals. It also noted that Bard’s bright-line rule had already been weakened by exceptions such as Hewitt.⁸

New York now has two routes against a dog owner. You may pursue strict liability if the owner knew or should have known of the dog’s vicious propensities. You may also pursue ordinary negligence by showing the owner failed to use due care and that this failure caused your injuries. The ruling applies to domestic animals generally, not only dogs.⁸

Dangerous dogs under New York’s Agriculture and Markets Law

New York also has a dangerous dog statute. After a complaint about an attack, a judge can hold a hearing and declare a dog “dangerous” if the evidence is clear and convincing. Once a dog has been found dangerous, its owner or lawful custodian is strictly liable for the medical costs of injuries the dog causes to a person, subject to limited exceptions listed in the statute. The statute also says it does not limit other remedies available under the common law, so a full injury claim can still be pursued.⁹

Injuries to children, scarring and infection

A bite to a child’s face or hands can require more than one reconstructive procedure as the child grows. A plastic surgeon’s opinion about future scar revision is often an important part of a child’s claim. Parents should keep a photo diary of the wound every few days, keep all appointment records, and note any fear of dogs, nightmares or school problems that follow the attack.

Infection is a real risk with any bite. The Centers for Disease Control and Prevention (CDC) notes that a germ commonly found in dogs’ mouths, Capnocytophaga, can cause serious illness, especially in people with weakened immune systems (for example from cancer, diabetes or chemotherapy) and people without a spleen. Most bites do not cause that infection.¹⁴ Still, any bite that breaks the skin deserves prompt medical attention. Watch for redness, swelling, warmth, fever or drainage, and follow up promptly if any appear.

What to do after a dog bite

The first days after a bite matter for your health and your claim.

1. Get medical care. Wash the wound with soap and water and see a doctor or go to urgent care, even for a bite that looks small.¹¹
2. Identify the owner. Get the owner’s name, address and phone number.¹¹ Ask whether the dog’s rabies vaccination is current.
3. Report the bite. In New York City, report it to the Health Department online or through 311. Reporting helps officials decide whether you need a rabies shot.¹¹ In New Jersey, animal bites are reported to the local health department, and health officers order a biting dog confined and observed for at least 10 days.¹⁰
4. Document everything. Photograph your wounds, torn clothing and the location. Get names and numbers of witnesses.
5. Be careful with the insurer. The owner’s insurance company may call quickly. You do not have to give a recorded statement before talking with a lawyer. Our guide to talking to insurance adjusters explains what to say and what to avoid.

Insurance and deadlines

Many people worry about suing a neighbor or family member. In practice, many dog bite claims are paid through the dog owner’s homeowners or renters insurance, which often includes personal liability coverage. Policies differ. Some exclude particular dogs or set lower limits for animal claims, so we request the policy and review it early. If the bite happened at a business or rental property, other insurance may also apply.

The deadline to file a lawsuit is generally two years in New Jersey and three years in New York.¹²¹³ When the injured person is a child, both states generally extend the deadline until after the child turns 18.¹²¹³ Waiting is still risky because witnesses move, owners change insurers and evidence about the dog’s history is easier to gather while it is fresh. Our statute of limitations guide covers the exceptions.

How Parra Klein handles dog bite cases

We start by identifying the owner and every insurance policy that may cover the claim, including homeowners, renters and business policies. We gather the health department or animal control report, the dog’s vaccination and licensing records, and any history of prior complaints or incidents involving the dog.

In New York, we evaluate both strict liability and negligence claims in light of Flanders v. Goodfellow. In New Jersey, we determine whether the strict liability statute applies or whether the claim must be built on the common law, such as when the injury was a knockdown rather than a bite.

We interview witnesses and neighbors who may know the dog’s history. We work with your treating doctors, including plastic surgeons, to document scarring and future treatment, and we handle communication with the insurance carrier so you do not have to. We prepare each case as if it will go to trial.

Arlene Parra and Juan Carlos Reyes are fluent in Spanish, and we serve families in Spanish throughout the case. We meet clients at our offices in Elmwood Park and Union City, New Jersey, and in Manhattan, and we offer remote consultations. There is no attorney’s fee unless we recover money for you.