New York Dog Bite Liability

Strict for medical costs, proof required for the rest

Agriculture and Markets Law 123(10) makes the owner of a dangerous dog strictly liable for the victim's medical costs. Other damages require proof of the owner's knowledge of vicious propensities under Bard v. Jahnke, or negligence.

Summaries note that comparative negligence does not reduce the medical costs recoverable under section 123 but can reduce other damages. A 2025 Court of Appeals decision opened the door to negligence claims against dog owners.