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For decades, young New Yorkers who were bitten as children had virtually no real legal remedy. Under the old rule, a child bitten at age five, ten, or twelve could rarely recover because New York law required proof that the dog had shown prior aggression — something most families simply couldn’t prove.
Parents couldn’t sue back then — not because they didn’t care, but because the law tied their hands.
If the dog had no documented history of biting, courts routinely dismissed cases. As a result, countless children grew up with scars, trauma, and long-term effects but had no viable legal claim.
That has changed — dramatically.
In April 2025, the Flanders decision fundamentally altered New York dog-bite law by allowing victims to sue under negligence, even when the dog had no prior bite history. For the first time in New York history, victims no longer need to prove “vicious propensities.”
But here is where ages 18–21 become critically important:
New York’s Tolling Rule (CPLR § 208)
Under CPLR § 208, the statute of limitations for a child victim is paused until the day they turn 18.
Once they turn 18, they have three years — until age 21 — to bring the lawsuit.
This creates an enormous window of opportunity for young adults who:
- were bitten years ago,
- whose parents couldn’t sue at the time because the law made it impossible,
- and who now finally have a clear, viable legal pathway.
Why This Age Group Is So Impacted
- Many childhood dog bites involve facial scarring
- Scars often worsen or stretch with age
- Emotional trauma often resurfaces in late adolescence
- College, work, dating, and confidence issues become tied to visible scarring
- These young adults were denied justice once — and finally have access to it
A once-in-a-generation change
For the first time ever, New Yorkers bitten as children — even a decade ago — may be able to recover for:
- facial scars
- nerve damage
- surgeries (past or future)
- psychological trauma
- loss of confidence or social anxiety
Those between the ages of 18 and 21 right now are the group most dramatically affected by the Flanders ruling and the tolling law.
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.
