The Medical Cost Rule and Negligence in New York

By the FigureMyTax Editorial Team · How we calculate

New York runs dog bite claims on two tracks: a strict medical-cost rule for dangerous dogs, and proof-based claims for everything else.

Strict liability for medical costs

Under Agriculture and Markets Law 123(10), the owner or lawful custodian of a dangerous dog is strictly liable for the victim's medical costs, regardless of fault or the owner's precautions. A dog can qualify either through a formal proceeding or by the facts of the bite itself.

Everything else needs proof

For pain and suffering, lost wages, future care and scarring, the leading case, Bard v. Jahnke, requires proof that the owner knew or should have known of the dog's vicious propensities. Propensities can include aggressive behavior short of a bite.

Negligence after 2025

Until recently New York barred negligence suits against dog owners. After the Court of Appeals' 2025 decision, victims have two parallel paths: the traditional knowledge-based strict liability and ordinary negligence.

Fault

Comparative negligence does not reduce the medical costs recoverable under section 123, but it can reduce pain and suffering, lost wages and other non-medical damages.

Deadline

Dog bite claims have the general three-year deadline under CPLR 214.

Official sources

• N.Y. Agriculture & Markets Law § 123 — dangerous dogs
• 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

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.