Buffalo Dog Bite Attorney
- Home /
- Buffalo Dog Bite Attorney
For personal injury cases, including those arising from dog bites, the deadline (“statute of limitations”) for bringing your case to court is three years from the date of injury. If you do not file your case within the three-year time limit, you will be prevented from filing it at all. Therefore, it is very important to be mindful of when the injury occurred and how much time has elapsed.
In a transformative decision on April 17, 2025, the New York Court of Appeals ruled in Flanders v. Goodfellow that victims of dog bites can now pursue claims under both strict liability and common law negligence. Previously, under the 2006 precedent set by Bard v. Jahnke, victims were limited to strict liability claims, requiring proof that the dog owner knew or should have known of the dog’s vicious propensities. This often left victims without recourse if the dog had no prior history of aggression.
The Flanders decision overturns this limitation, acknowledging that dog owners have a duty to exercise reasonable care in managing their pets. Now, if an owner fails to take appropriate precautions—such as securing their dog properly or warning visitors of potential risks—they can be held liable for negligence, even if the dog had no previous incidents of aggression. This aligns New York with the majority of other states and provides a more comprehensive framework for victims seeking justice.
There are two important exceptions to this liability. First, police dogs are generally exempt from this common-law standard. Second, the plaintiff’s own conduct can sometimes erase the animal’s culpability. If the defendant can prove that plaintiff was hurting or provoking the animal, the law considers this an assumption of risk (a/k/a the “in harm’s way” defense), and the plaintiff is wholly barred from recovering damages.[1]
New York Agriculture and Markets Law Section 123 explicitly addresses dangerous dogs and what to do in the event of a bite. A Buffalo dog bite lawyer can help you understand the nuances when dealing with specific legal codes referring to your rights in a dog bite case.
With these expanded legal protections, victims of dog bites in New York have a stronger foundation to pursue compensation. Whether through demonstrating an owner’s knowledge of their dog’s dangerous tendencies or proving that the owner failed to act with reasonable care, there are now multiple pathways to hold negligent parties accountable.
At Campbell Personal Injury Law Firm, we are committed to staying abreast of legal developments to provide our clients with the most effective representation. Our team is prepared to leverage the implications of the Flanders decision to advocate for your rights and secure the compensation you deserve.
In contrast to other types of law, you may not want an overly aggressive attorney when dealing with dog bite cases. While it’s crucial to have a strong advocate who will fight for your rights, an attorney who takes a more amicable and constructive approach can help foster better communication and potentially reach a mutually satisfactory outcome with the other party or their insurance company.
Additionally, it can be beneficial to seek someone who has experience in successfully settling cases. An attorney skilled in negotiation and settlement can work towards a fair resolution without the need for a lengthy court battle. This approach can save you time and potentially reduce stress.
[1] Arbegast v. Board of Educ., 65 N.Y.2d 161 (1985).
If you are bitten by a dog, you may be entitled to recover various damages, including medical bills, lost income, property damage, pain and suffering, and loss of consortium. Pain and suffering could include a newly developed fear of dogs or any potential scarring. These factors are especially relevant to child victims, because they will likely bear such wounds for a longer period of time.
Moliterno v. SSF (N.Y. Sup. 2015) – Plaintiff was attacked by Defendant supply-yard owner’s dog. The dog bit him in the left (non-dominant) hand and threw him to the ground, causing a complex laceration that required partial surgical amputation of Plaintiff’s left pinkie finger. The case settled prior to trial for $1,350,000.
Febbraio v. Borchelt (N.Y. Sup. 2000) – 45-year-old male Plaintiff suffered injuries after a dog being trained by Defendant bit him in the groin. The injuries required an operation, and a jury ultimately awarded Plaintiff $1,000,000 for pain and suffering.
Liberman v. City of New York (N.Y. Sup. 2007) – 74-year-old male Plaintiff suffered serious injuries, including multiple facial fractures, partial hearing loss, and bilateral hand degloving, after he was attacked and mauled by five stray dogs at a boardwalk owned and maintained by Defendant city. The case settled prior to trial for $3,000,000.
Our firm recognizes the difficulties that injured clients face, financially and physically. When you team up with us, you will not only have an attorney working with you side by side but you will also have a strong legal ally and advocate. We genuinely care about the outcome of your case, and we do everything in our power to help you secure a positive case result. To discuss your options, call us at 716-992-2222 or fill out our contact form.
