NY's dog bite law is unusual.
Unlike most states, NY is not a strict-liability jurisdiction for full damages. The owner is automatically responsible only for medical bills. To recover for pain and suffering, scarring, lost wages, or psychological trauma, you generally have to prove the owner knew or should have known the dog was dangerous.
Strict Liability — Medical Bills Only · AML §123
Under New York Agriculture and Markets Law §123, the owner of a dog that bites is strictly liable for medical and veterinary expenses, regardless of prior aggression. Applies automatically. No proof of negligence required.
Full Damages — Vicious Propensity · Petrone v. Fernandez
For pain and suffering and beyond, you must show the owner knew or should have known of the dog’s “vicious propensities.” Rule established in Petrone v. Fernandez, 12 N.Y.3d 546 (2009). Evidence: prior growling/lunging/snapping, prior complaints, “Beware of Dog” signs, use of muzzles, breed and training history, prior incidents with police or animal control.
Landlord Liability · Strunk v. Zoltanski
A landlord can be liable if they knew a tenant kept a dangerous dog and had the ability to remove it but failed to do so. Strunk v. Zoltanski, 62 N.Y.2d 572 (1984). Lease records, complaint logs, building management records all matter.