In a groundbreaking decision that reshapes New York personal injury law, the New York Court of Appeals has overturned nearly two decades of precedent, now allowing victims injured by a dog to sue the animal’s owner under a theory of negligence—not just strict liability.
This historic ruling came in the case of Flanders v. Goodfellow (2025), and it dramatically broadens legal protections for dog bite victims across the state.
📌 Key Takeaway:
New York dog bite victims can now bring negligence lawsuits, even if the dog had never previously bitten or shown aggressive behavior.
🐕 Background: What Was the Law Before?
For years, New York applied one of the strictest rules in the country when it came to dog bite liability. Under the 2006 case Bard v. Jahnke, victims were limited to suing under a strict liability theory. That meant:
– A victim had to prove the dog had a known vicious propensity (e.g., history of bites or aggressive behavior), and – The owner knew or should have known about it.
Without proof of that knowledge, the victim’s case was likely to be dismissed—no matter how careless the dog owner was.
🧑⚖️ The Flanders v. Goodfellow Ruling: A Game-Changer
In Flanders, a postal worker was bitten by a dog while delivering a package in December 2018. She later required multiple surgeries for a serious shoulder injury. Despite evidence that the dog had previously snarled, growled, and lunged at other postal workers, her claim was dismissed by the lower courts under the Bard rule.
The Court of Appeals disagreed—and made history.
The court ruled that the victim could pursue both:
– A strict liability claim (based on the dog’s known aggression), and
– A negligence claim (based on the owner’s failure to take reasonable precautions).
🔍 What This Means for Dog Bite Victims
As of April 2025, victims no longer need to prove the dog had a known history of aggression. Now, they can argue that the dog’s owner failed to use reasonable care to prevent foreseeable harm—just like in car accident or slip and fall cases.
That means:
✅ More cases can move forward to trial
✅ Irresponsible dog owners can be held accountable
✅ Victims have a fairer path to compensation
🏛️ Why This Ruling Matters – Especially on Long Island
At Fox Law Firm, PLLC, located in Riverhead, NY, we regularly represent victims of dog bites and other serious injuries throughout Suffolk County and the East End of Long Island. Until now, many victims were unfairly shut out of court under New York’s narrow dog bite laws.
With Flanders v. Goodfellow, the legal landscape has changed. Dog owners now face legal consequences for negligent behavior, such as:
Violating local leash laws / Dogs at large
Allowing dogs to jump up and knock people down
Allowing dogs to “play with” or attack other dogs
Failing to secure a dog during deliveries
Ignoring prior warning signs of aggression
Allowing dogs to roam or escape without supervision
⚖️ Injured by a Dog? Know Your Rights
If you or someone you love has been bitten or attacked by a dog, you may now have a stronger legal claim than ever before. The attorneys at Fox Law Firm, PLLC are here to help you understand your options and fight for the compensation you deserve.
📞 Contact Us Today
Call us at (631) 779-3400 or visit www.foxlawfirmpllc.com to schedule a free consultation.
Don’t let outdated laws prevent you from getting justice—New York law is finally catching up.
