New York’s 2025 Legal Shift: No More “One‑Free‑Bite”
In a landmark 2025 decision, New York State officially moved away from the long-standing “one-bite rule.” This means that dog bite victims no longer need to prove that a dog had a history of aggression in order to recover full compensation. Now, individuals injured by a dog can pursue negligence claims if the owner failed to take reasonable care - even if it was the dog’s first time biting someone.
What Does This Mean for Dog Bite Victims?
If you were injured by a dog in New York, including Kingston or Poughkeepsie, you may now seek compensation in two ways:
- Strict Liability: If the dog had known aggressive behavior and the owner failed to properly restrain it.
- Negligence: Even if the dog had no prior history, you can hold the owner accountable if they failed to act with reasonable care, such as letting the dog off-leash or failing to secure a gate.
This expanded legal framework means more victims can recover damages for medical bills, lost wages, scarring, emotional trauma, and pain and suffering.
What Counts as Owner Negligence?
Negligence may be proven if:
- The dog was not leashed or properly restrained.
- A fence or gate was left open or broken.
- The owner ignored past behavioral warnings or failed to control the dog around children or strangers.
- The dog was left unsupervised in a public area or allowed to roam.
What’s on the Horizon: “Penny’s Law”
Proposed legislation in 2025, known as “Penny’s Law” is gaining momentum. If passed, this law would:
- Expand leash requirements in public spaces.
- Require clear signage in dog parks and public areas.
- Criminalize fleeing the scene of a dog attack, even if the victim is another dog.
- Add penalties for reckless or negligent dog handling.
While the bill hasn’t yet been signed into law, it reflects growing public and legislative support for stronger protections for victims of dog-related injuries.
What to Do After a Dog Bite
If you or someone you love has been bitten by a dog, here’s what to do:
- Get medical attention immediately. Dog bites carry a risk of infection and scarring -don’t wait to seek treatment.
- Document everything. Take photos of your injuries, the location, and the dog if possible. Gather witness names and contact information.
- Report the bite. Notify your local police department or animal control to create an official record.
- Call an experienced personal injury attorney. A local attorney familiar with the laws in Ulster and Dutchess Counties can help you understand your rights and build a strong case.
Key Takeaways
- A 2025 court decision now allows dog bite victims in New York to bring negligence claims, making it easier to recover compensation even if the dog has no prior history of aggression.
- Strict liability still applies when the dog’s dangerous behavior was known.
- You may be entitled to compensation for medical costs, lost wages, emotional trauma, and pain and suffering.
- “Penny’s Law,” if passed, would introduce even more protections for victims and consequences for negligent owners.
- If you’ve been bitten, take immediate steps to protect your health and your legal rights.
Injured by a dog in the Hudson Valley?
Our legal team is here to help. Contact us today for a free consultation, and let’s discuss your rights under New York’s new dog bite laws.