New York had the country’s highest average cost per homeowners-insurance dog-related injury claim in 2025, at $92,154, according to the Insurance Information Institute. Although that figure does not predict what any individual claim may be worth, it shows how costly these injuries can become.

After a dog bite, seemingly small decisions can complicate both your recovery and your claim. Delaying medical care, failing to report the attack, losing important evidence, guessing when speaking with an insurance adjuster, or accepting a settlement too soon may all have consequences.

If you were bitten in New York, understanding these common mistakes can help you protect your health, preserve a reliable record of what happened, and avoid giving up important rights before the full effects of the injury are known. Here is what to avoid when handling a dog bite claim.

Key Takeaways About Mistakes to Avoid in a New York Dog Bite Claim

• Do not assume you have no claim simply because the dog had never bitten anyone before. Liability may depend on other warning signs, whether reasonable care was used, and the circumstances surrounding the attack.
• Do not delay medical care because the injury looks minor. Prompt treatment can address infection and other complications while documenting the injury.
• Do not skip reporting the bite. New York health officials advise people to report animal bites to their county health department.
• Do not wait too long to preserve photographs, witness information, video footage, and other evidence.
• Do not accept an insurance settlement before you understand your injuries, possible future treatment, and the rights you would give up.
• Do not post detailed information about the attack, your injuries, or your claim on social media.
• Do not assume the dog owner is necessarily the only person whose conduct should be investigated.
• Do not delay pursuing a dog bite claim. New York generally allows three years to file a personal injury lawsuit, but shorter notice requirements or other deadlines may apply in some cases.

Why Can Delaying Medical Care Hurt a Dog Bite Claim?

Prompt medical care provides treatment for the injury and creates a medical record close to the date of the attack. The New York State Department of Health advises people who are bitten to wash and cover the wound, seek medical attention, and report the bite to the local health department.

A bite can appear small but still require follow-up care. Puncture wounds can become infected, and an attack may damage tissue, nerves, or tendons. Someone knocked down during an encounter may also have injuries that are not immediately obvious.

Medical records can help establish when symptoms appeared, what a provider observed, and what treatment was recommended. If treatment begins much later, an insurer or opposing party may question whether the injury was serious or whether a later condition came from something else.

Give the medical provider an accurate account of what happened and follow the recommended treatment plan. Records worth keeping may include:

• The first examination after the bite
• Prescriptions and wound-care instructions
• Follow-up appointments
• Specialist referrals
• Photographs showing changes in the wound
• Records of missed work related to appointments or recovery

The goal is not to turn every medical visit into a legal exercise. Keeping the records you receive simply provides a clearer account of how the injury developed.

Why Should You Report the Dog Bite Promptly?

New York health officials advise people to report animal bites to the county health department, even when the injury initially seems minor. Reporting allows public-health officials to evaluate possible rabies exposure and determine what should happen with the animal.

A healthy dog, cat, or ferret involved in a potential rabies exposure may be confined and observed for 10 days under the direction of local health officials. If the animal remains healthy throughout that period, health officials can generally determine that it was not infectious with rabies at the time of the exposure.

Reporting serves a public-health purpose, while a personal injury claim addresses liability and compensation. One does not replace the other.

If you know who owns the dog, give the health department the information you have. If you do not know the owner, provide the location and a description of the animal. Do not put yourself in danger by trying to catch or restrain an unfamiliar dog.

Keep a record of:

• The date, time, and location of the bite
• The dog owner’s name and contact information
• A description of the dog
• The health department report or reference number
• Any available vaccination information

In June 2026, the New York State Department of Health reported that its Wadsworth Center Rabies Laboratory had confirmed rabies in 313 wild and domestic animals during the previous year. Rabies remains endemic in New York wildlife, making prompt reporting an important precaution.

How Can Failing to Preserve Evidence Weaken a Dog Bite Claim?

Evidence can disappear quickly. A security system may overwrite footage, a witness may forget details, and an injury may look very different several weeks later.

New York’s current liability rules make several types of evidence potentially relevant. In Flanders v. Goodfellow, the New York Court of Appeals confirmed that an injured person may pursue strict liability when an owner knew or should have known that a dog had a tendency to behave in a way that put others at risk. The court also restored ordinary negligence as a separate potential theory for injuries caused by domestic animals.

A previous bite is not the only evidence that may support strict liability. Prior growling, snapping, baring of teeth, aggressive lunging, or other conduct that endangered people may also matter, particularly if the owner knew or should have known about it.

An ordinary negligence claim focuses on whether someone failed to use reasonable care under the circumstances. That may make evidence involving an open gate, broken fence, unsecured door, missing leash, or another failure to control the dog important even when there was no known previous bite.

Try to preserve:

• Photographs of the injury and the location
• Names and contact information for witnesses
• Information about nearby security cameras
• Texts, emails, or messages concerning the dog
• Prior complaints, warnings, or reports you learn about
• Information about gates, doors, fences, leashes, and other restraints
• Medical records and bills
• Pay records or work restrictions related to lost income

Do not trespass, confront the owner, or put yourself at risk to obtain evidence. A lawyer can investigate records and request material through appropriate legal channels.

Why Should You Be Careful When Speaking With an Insurance Adjuster?

An insurance adjuster may contact you before you know how serious your injuries will become. You may be asked to describe the attack, your symptoms, your treatment, or who you believe caused the incident.

Accuracy matters, but you do not have to guess or fill every silence with an answer. If you do not remember an exact detail, say so. If you are still receiving treatment, avoid describing your current condition as the final outcome.

The New York Department of Financial Services explains that homeowners policies generally include personal liability coverage when another person suffers an injury because of an insured’s negligence. Such policies also generally provide protection when an insured’s pet injures someone. Coverage can vary, however, and exclusions or limits may apply.

An insurer may also argue that your actions contributed to the incident. Under CPLR § 1411, a claimant’s share of fault generally does not automatically bar recovery in a personal injury action, but it may reduce the available damages in proportion to that person’s share of responsibility.

That does not mean the insurer’s account controls the outcome. It means that statements about what happened immediately before the bite should be accurate and complete.

Why Can Accepting a Settlement Too Soon Be a Mistake?

An early settlement may arrive before the wound has healed or before you know whether you will need additional treatment. Scarring, nerve damage, infection, limited movement, and emotional effects may become clearer over time.

Before accepting a settlement, consider:

• Have your injuries been fully evaluated?
• Has your doctor identified any likely future treatment?
• Do you know whether the injury may result in lasting scarring or limitations?
• Have you accounted for lost income and out-of-pocket expenses?
• Do you understand which claims and responsible parties the agreement would release?

A quick payment may feel helpful when medical bills are arriving. However, signing a release generally ends your ability to seek additional compensation from the parties covered by that agreement, even if your condition later becomes more serious.

How Can Social Media Affect a Dog Bite Claim?

A social-media post can be written in seconds and viewed months later without the context you had in mind.

A photograph from a family outing does not automatically prove that you were uninjured. A comment about the dog owner does not automatically establish liability. Still, posts, messages, photographs, and videos can become part of a dispute over what happened or how the injury affected you.

Keep public discussion of the incident to a minimum. Avoid arguing with the dog owner online, accusing someone of lying, or making statements about your physical abilities that could conflict with your medical records.

You do not have to stop using social media entirely. Continue using your accounts for ordinary life, but think carefully before posting:

• Details about the attack or your claim
• Accusations against the dog owner or another person
• Comments about settlement discussions
• Photographs or videos of physical activities during your recovery
• Statements about how badly you are injured

If you have already posted about the incident, do not automatically delete or alter the content. Preserve the original material and discuss the situation with counsel, especially once you are considering a claim or have reason to expect a dispute.

Could Someone Other Than the Dog Owner Be Responsible?

The dog owner is often the central person in a claim, but the circumstances may warrant looking at other people or entities. A landlord, property owner, dog keeper, or another person with control over the animal or premises may be relevant in some cases.

A property owner is not automatically responsible merely because a bite occurred on the property. For example, strict liability against a landlord may require evidence that the landlord knew a dog was being kept on the premises, knew or should have known about its dangerous tendencies, and had enough control over the premises to remove or confine the animal.

A 2026 Kings County trial-court decision, Campbell v. Brosnan, considered disputed evidence about whether a defendant was the dog’s owner and whether he could also face potential liability as the landlord. The court denied summary judgment because important factual questions remained. Because this was an uncorrected trial-court ruling rather than controlling appellate authority, it should be understood as an example of how fact-specific these disputes can be.

Useful details may include:

• Who owned, kept, or regularly controlled the dog
• Who owned or managed the property
• Whether a landlord knew the dog lived there
• Whether anyone had received prior complaints
• Who controlled the gate, fence, door, or common area
• Whether someone other than the owner was handling the dog at the time

Identifying everyone involved can help prevent a potentially responsible party or source of insurance coverage from being overlooked.

How Can a New York Dog Bite Lawyer Help?

A New York dog bite lawyer can evaluate a claim under the state’s current rules, including both strict liability and ordinary negligence. Because a prior bite is not necessarily required, the dog’s earlier behavior and the circumstances surrounding the attack may both deserve attention.

Under New York CPLR § 214, personal injury actions generally must be filed within three years. Exceptions and shorter requirements may apply, particularly if a government entity is involved. Acting sooner can also make it easier to locate witnesses and preserve video, records, and other evidence.

If you were injured by a dog, write down what happened, keep your medical records, and save photographs, messages, and contact information for the owner and witnesses. Our attorneys can use those details to assess your options and explain how current New York law may apply to your claim.

Frequently Asked Questions

Can I file a dog bite claim if the injury seems minor?

A small wound can still lead to infection, scarring, medical expenses, or other complications. The significance of the injury depends on its medical effects, not simply how the wound looked immediately after the bite.

What if the dog owner says I caused the dog to bite me?

What happened before the bite may affect the claim, including whether the dog was provoked and whether either person failed to use reasonable care. Under New York’s comparative-fault rules, a claimant’s share of responsibility may reduce the available damages in some cases.

What if the dog owner refuses to provide insurance information?

You do not have to rely solely on the owner’s cooperation. An attorney can help investigate whether homeowners, renters, umbrella, or another type of insurance may apply.

Can I accept money from the dog owner for my medical bills without ending my claim?

It depends on the terms attached to the payment. Be cautious about signing a release, settlement agreement, or check containing settlement language before you understand your injuries and future expenses.

What happens if the dog owner has no homeowners or renters insurance?

A lack of applicable insurance does not necessarily eliminate a legal claim, but it may limit the practical sources of compensation. Other coverage or responsible parties may exist depending on where and how the attack occurred.

After a Dog Bite, You Deserve Clear Answers From Brandon J. Broderick, Attorney at Law

Maybe you know exactly who owned the dog. Maybe you have only a first name and a blurry photograph. The owner may have apologized and offered to pay your bills, or perhaps no one has contacted you since the bite.

Those details can lead to very different questions, and you do not need to have the legal answers worked out before asking for help.

Brandon J. Broderick, Attorney at Law, can examine the circumstances and explain what options may be available under New York law. If you are unsure whether your situation calls for a lawyer, asking first can give you a clearer starting point.

Have a question you have been turning over since the bite? Bring it to our legal team. We’ll talk it through with you, person to person.