What Compensation Can You Recover After a Dog Bite in New York?

After a dog bite, many people want to know what compensation may be available for medical bills, missed work, pain, scarring, and other losses. In New York, the answer depends on the facts of the attack and the legal theory that applies, because state law now allows both strict liability in some situations and ordinary negligence claims in others.

The short answer

Compensation after a dog bite in New York may include medical expenses, lost earnings, pain and suffering, scarring, and other related damages, but not every case is valued the same way. The amount and type of compensation available can depend on whether the dog had dangerous propensities, whether the owner knew or should have known about them, and whether the owner failed to use reasonable care under the circumstances.

Why New York dog bite compensation can be confusing

New York dog bite law has changed. In April 2025, the New York Court of Appeals held in Flanders v. Goodfellow that a person injured by a domestic animal may pursue a strict liability claim if the owner knew or should have known of the animal’s vicious propensities, or a negligence claim based on ordinary rules of reasonable care, and a plaintiff may assert both theories.

That matters because compensation can be affected by which legal path fits the facts. New York Agriculture and Markets Law Section 123 also says that the owner or lawful custodian of a dangerous dog is strictly liable for medical costs resulting from injury caused by that dog, and the statute adds that it does not limit other common-law or statutory claims.

Types of compensation that may be available

Medical expenses

Medical costs are often the first and most obvious part of a dog bite claim. Depending on the injury, this can include emergency care, follow-up visits, surgery, rehabilitation, medications, and other treatment tied to the attack.

Section 123 specifically says the owner or lawful custodian of a dangerous dog is strictly liable for medical costs resulting from the injury. The statute also refers to restitution for unreimbursed medical expenses in cases involving serious physical injury.

Lost income

If the injury keeps you from working, lost earnings may be part of the damages analysis. Section 123(7) expressly refers to compensation for lost earnings in connection with serious physical injury.

In practice, missed work can become a serious issue when the injury requires repeated treatment, limits movement, or forces a longer recovery period. In Flanders, the Court of Appeals described an injury that required multiple surgeries and resulted in permanent scarring, which shows how serious a dog bite injury can become.

Pain and suffering

A dog bite can involve far more than the bill from the first doctor visit. When New York law allows a broader injury claim to proceed, compensation may also include pain and suffering tied to the physical injury and its effects.

Scarring and disfigurement

Scarring can be a major issue in dog bite cases, especially when the bite affects the face, neck, arms, or other visible areas. The Court of Appeals in Flanders noted that the plaintiff alleged permanent scarring after the attack.

Emotional harm and trauma

Dog attacks can leave people fearful, anxious, or emotionally shaken long after the wound starts to heal. Where the facts and legal theory support a broader damages claim, those harms may also become part of the overall compensation analysis rather than being limited to out-of-pocket medical costs alone.

What New York law says about medical costs

New York’s statute is important here. Agriculture and Markets Law Section 123 says the owner or lawful custodian of a dangerous dog is strictly liable for medical costs resulting from injury caused by that dog, subject to the statutory exceptions.

That does not mean every dog bite case is limited to medical bills only. The same statute says it does not limit or abrogate other claims or causes of action that an injured person may have under common law or by statute, and Flanders confirms that negligence is now available as a separate path in domestic-animal injury cases.

Can you recover compensation if the dog never bit anyone before?

Possibly, yes. Before Flanders, New York law was far more restrictive on negligence, but the Court of Appeals overruled Bard v. Jahnke to the extent it barred negligence liability for harm caused by domestic animals.

The court said a plaintiff now has a choice: pursue strict liability if the owner knew or should have known about vicious propensities, or rely on ordinary negligence and try to prove the defendant failed to exercise due care under the circumstances. That means a prior bite is no longer the only issue people should focus on when evaluating a New York dog bite case.

What can affect the value of a dog bite claim?

Several facts can affect the potential value of a case:

• How serious the injury is.
• Whether there is permanent scarring or long-term impairment.
• How much treatment was required.
• Whether work was missed or income was lost.
• What evidence exists about the dog’s behavior and the owner’s knowledge or conduct.

Why documentation matters after a dog bite

Dog bite compensation is usually only as strong as the documentation behind it. Medical records, photographs, witness information, proof of lost wages, and reporting records can all help show the extent of the injury and how it affected your life.

That is especially important in New York because different legal theories may apply to the same attack. The better the facts are documented, the easier it is to evaluate whether the case may involve medical-cost recovery only, a broader negligence claim, a strict liability claim based on vicious propensities, or some combination of those theories.