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Normally, in New York, you have three years from the date of the dog bite to bring a lawsuit. That means that three years from the date of the dog bite, unless the victim has initiated a lawsuit or other exceptions apply, the dog bite victim will normally be foreclosed from bringing a lawsuit, and collecting for their injuries, damages, and expenses.
However, when the dog bite victim was a minor, the 3-year statute of limitations is “tolled” (paused) until their 18th birthday. This means, if a child is bitten at, say, age 4, or 10 or 17 — they don’t have to sue immediately. They can wait until they turn 18, and then they have until age 21 to bring the case.
Why Most Minors Were Previously Unable to Pursue a Dog-Bite Claim
For the previous two decades, New York State was one of the only states in the country that still had an antiquated law where, to bring a lawsuit against the dog owner after a dog attack, the victim was required to prove that the dog owner knew the dog’s vicious, aggressive propensities (often called a “two bite” rule). This made it extremely difficult to bring a dog bite lawsuit, and most dog bite victims were left with no redress for their injuries and suffering.
But, on April 17, 2025, the High Court in New York in Flanders v Goodfellow overturned two decades of precedent and ruled that claims may be brought against the owner of a dog for negligence by the dog-owner in their handling and/or restraint of their dog. Thus, after Flanders, dog bite victims no longer need to prove the dog’s history of aggression; instead, a dog owner can be held liable where he/she fails to take reasonable precautions to prevent the attack, aligning New York’s laws with modern personal injury standards in most other states.
What This Means to Minors Who Were Previously Bitten
What this means is that, if a child or teenager was bitten by a dog years ago when the old law was still in place, they most likely couldn’t sue at that time. But because the new law under Flanders applies to ALL dog bite cases— and because the legal time clock doesn’t run until a minor becomes an adult — the dog-bite victim-turned-adult may now be able to file a lawsuit after turning 18, but the applicable law will be the new law, which will make it easier for victims to obtain compensation under a simple negligence claim.
In simple terms:
- Before: Law blocked dog bite “negligence” cases entirely.
- But if the victim was a minor, their time to sue was paused.
- Then: Law changed to allow dog-bite negligence cases.
- Now: Because the time didn’t run while they were a minor, they can bring the lawsuit as an adult (until age 21) — even if the bite happened years earlier—but the new law will be applied, not the old one.
If you have been injured due to a dog bite, you should contact Mack Press, the New York Dog Bite Lawyer. He will fight for you, while also ensuring it is the owner, and not the dog, that gets held accountable. Contact the New York Dog Bite Lawyer at 833-8-DOGBITE (833-836-4248), or visit our contact page.
