Dog bites

Dog Bite Experts

A dog bite or animal attack can happen in seconds, causing severe physical trauma, deep puncture wounds, permanent facial scarring, nerve damage, and severe emotional distress. Under New York law, dog owners can be held legally and financially accountable when their negligence or an animal's dangerous history leads to harm.

If you or your child suffered a dog bite in a park, on a residential sidewalk, or inside an apartment building, Arzayus Montesdeoca Law, PLLC provides aggressive, client-focused legal representation for victims across Corona, Jackson Heights, Greater Queens, the five boroughs, and Long Island.

Proving Dog Bite Liability in New York

Following the landmark New York Court of Appeals ruling in Flanders v. Goodfellow, victims of dog attacks now have multiple legal pathways to secure full financial recovery.

You are no longer strictly limited to proving prior aggression. A claim can be established under any of the following three legal grounds:

1. Common Law Negligence (The Reasonable Care Standard)

Under the current standard, you can bring a cause of action for ordinary negligence against a dog owner, regardless of whether the dog ever bit anyone or displayed aggressive behavior in the past. To win a negligence claim, you must demonstrate that the owner failed to exercise reasonable care under the circumstances. Examples of owner negligence include:

  • Allowing a dog to run off-leash in public areas or unleashed near children
  • Failing to secure a front yard gate, latch, or fence
  • Using inadequate or broken restraints (such as defective collars or worn leashes)
  • Ignoring local municipal leash laws or building pet regulations

2. Strict Liability for Medical Expenses (New York Agriculture and Markets Law § 121)

New York statute holds dog owners strictly liable for the injured party’s medical expenses resulting from a bite, regardless of whether the owner was negligent or knew the dog was dangerous.

3. Vicious Propensity (Strict Liability for Full Damages)

You can also recover full non-economic damages—including physical pain, mental suffering, and emotional trauma—by showing the owner knew or should have known of the dog’s vicious propensity. Evidence includes prior bites, growling, lunging, previous complaints, or specific protective training.

Common Dog Bite Incidents in Queens & NYC

Our legal team represents victims injured in animal attacks across local neighborhood hubs, including:

Sidewalk & Street Attacks

Bites occurring along busy thoroughfares like Roosevelt Avenue, Junction Boulevard, Northern Boulevard, and 37th Avenue due to unleashed or poorly controlled pets.

Park & Playground Incidents

Attacks near green spaces like Flushing Meadows Corona Park or neighborhood playgrounds where owners fail to restrain their dogs properly.

Apartment & Residential Building Bites

Incidents in building hallways, lobbies, or stairwells where owners or landlords fail to maintain secure control over an animal.

Delivery & Service Worker Attacks

Postal carriers, delivery workers, and utility workers bitten on private property due to unsecured yards or open doors.

Child Dog Bites

Young children who suffer severe facial lacerations, permanent disfigurement, or trauma requiring specialized pediatric plastic surgery.

Another type of accident?
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Crucial Steps to Take After a Dog Bite

Taking prompt action following a bite preserves critical evidence to prove owner negligence or prior notice:

Identify the Dog and Owner

Collect the dog owner's full name, contact details, address, and homeowner’s or renter’s insurance coverage information.

Report the Attack to Authorities

File an official bite report with the NYC Department of Health and Mental Hygiene or report the incident to the police.

Photograph the Scene and Injuries

Take detailed photographs of bite wounds, torn clothing, the attack location, and any open gates, broken latches, or inadequate fences.

Collect Witness Information

Secure names and phone numbers of bystanders who witnessed the attack or can confirm how the owner handled the dog.

Seek Immediate Medical Treatment

Go to an emergency room or urgent care center—such as NYC Health + Hospitals / Elmhurst or NewYork-Presbyterian Queens. Medical documentation establishes the cause and timeline of your injuries.

Consult a Personal Injury Attorney

Contact legal counsel before signing insurance releases or providing recorded statements to insurance adjusters.

Frequently Asked Questions (FAQ)

Yes. Under New York law, you can pursue a personal injury lawsuit based on the owner's ordinary negligence (e.g., dropping the leash, leaving a gate unlatched, or violating leash laws), even if the dog has no history of aggression.

In most cases, financial recovery is paid out through the dog owner’s homeowner’s insurance, renter’s insurance, or commercial general liability policy.

Yes. A property owner or landlord can be held liable under negligence or premises liability if they knew a dangerous dog was on the property and had the authority to compel the tenant to secure or remove the animal but failed to take reasonable steps to protect other residents and visitors.

The statute of limitations for personal injury claims in New York is generally three (3) years from the date of the injury. For minor children, the filing deadline may be extended, but early legal investigation is critical for preserving key physical evidence.

A successful negligence or strict liability claim allows you to pursue compensation for:

  • Past and future medical care, including reconstructive plastic surgery
  • Past and future lost earnings
  • Physical pain, suffering, and emotional trauma
  • Permanent scarring, nerve damage, and physical disfigurement

Serving Corona, Jackson Heights, Queens, NYC & Long Island

Arzayus Montesdeoca Law, PLLC proudly represents dog bite victims across our local neighborhood hubs and surrounding communities:

  • Primary Focus: Corona and Jackson Heights.
  • Greater Queens: Elmhurst, Flushing, East Elmhurst, Forest Hills, Woodside, Astoria, Long Island City, Ridgewood, and Jamaica.
  • Long Island: Nassau County and Suffolk County.
  • NYC Metro: Brooklyn, Manhattan, the Bronx, and Staten Island.

Speak with a Queens Dog Bite Attorney Today

If you or your child suffered injuries in a dog attack, early legal representation ensures physical evidence is preserved, animal control records are retrieved, and the dog owner's negligence is thoroughly investigated.

Contact Arzayus Montesdeoca Law, PLLC today to schedule a confidential, no-obligation case evaluation. Let our legal team review your incident, examine owner liability, and fight for the full financial compensation you deserve.

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