Dog Bite Defenses: Provocation and Fault

By the FigureMyTax Editorial Team · How we calculate

The owner's defenses depend on which track the claim is on: the medical-cost rule, propensities, or negligence.

Against the medical-cost rule

If the dog is a dangerous dog, the owner is strictly liable for medical costs and precautions are no defense, and comparative negligence does not reduce those costs.

No knowledge of propensities

For other damages, the owner argues it neither knew nor should have known the dog was vicious. Prior aggressive behavior, complaints or a prior bite defeat that.

Your own conduct

Pure comparative negligence applies to dog bites, so provocation or risky behavior can reduce pain and suffering, lost wages and other non-medical damages. The 2026 car accident fault bar does not apply to dog bite claims.

Pain or suffering

One summary adds that the law excuses injuries caused by a dog that was reacting to pain or suffering, which can reduce or eliminate liability.

A formal designation helps

Dangerous dog proceedings under section 123 can create automatic liability for medical costs and strengthen negotiating position.

Official sources

• N.Y. CPLR § 1411 — damages not barred by culpable conduct
• N.Y. CPLR § 1601 — limited liability of persons jointly liable
• N.Y. CPLR § 214 — three-year actions
• N.Y. Agriculture & Markets Law § 123 — dangerous dogs

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New York's rules apply to your specific case with a licensed New York attorney.