A dog attack can leave you with stitches, scars, and a real fear of walking past the same yard again. Passalacqua & Associates, LLC represents people bitten or injured by dogs in Utica and throughout Oneida County, and we help them pursue compensation for medical bills, lost income, and the pain the attack caused.
If a dog bit you or your child in Utica, you may have a claim against the owner, and often the owner’s homeowner’s or renter’s insurance pays it. Our Utica personal injury attorney team can review what happened during a free consultation and explain your options.
Call (315) 500-6425 to talk with us.
Passalacqua & Associates, LLC is a Utica trial firm, and we prepare injury claims with the expectation that a jury may one day hear them. That preparation shapes how insurers view a claim long before any trial date.
Our attorneys, Nicholas Passalacqua, Nick Torres, and Giana Wang, bring five decades of combined experience to the firm’s work.
Here is what that means for your dog bite claim:
Results depend on the facts of each case, and no lawyer can promise an outcome. If you want to know where your claim stands, call (315) 500-6425 to schedule a consultation with our Utica team.
New York now gives injured people two ways to hold a dog owner responsible: strict liability when the owner knew or should have known the dog was dangerous, and ordinary negligence when the owner failed to use reasonable care. The second path is new.
The New York Court of Appeals opened it in April 2025.
A dog owner who knew or should have known about the dog’s vicious propensities is strictly liable for the harm those propensities cause. A “vicious propensity” covers more than biting.
It includes a tendency to do any act that might endanger other people, such as jumping on visitors, lunging, or chasing. Evidence can include earlier complaints, a “Beware of Dog” sign, keeping the dog chained, or neighbors who saw aggressive behavior.
Questions about breed come up often, and our article on whether certain dog breeds are more dangerous looks at that issue.
In Flanders v. Goodfellow, decided April 17, 2025, the Court of Appeals overruled its 2006 decision in Bard v. Jahnke to the extent Bard barred negligence claims against the owners of domestic animals. The case involved a postal carrier bitten while delivering a package.
After Flanders, an injured person can argue that the owner failed to use reasonable care, for example by letting a dog roam loose, even without proof of prior aggression. A person can also bring both theories in the same case.
New York’s dangerous dog statute adds a third layer. Under Agriculture and Markets Law § 123, the dangerous dog statute, the owner or lawful custodian of a dog found dangerous is strictly liable for medical costs that result when the dog injures a person.
The same section states that it adds to, and does not limit, common law remedies.
This table compares the three paths:
| Theory | What you need to show | What it can support |
|---|---|---|
| Strict liability (vicious propensity) | The owner knew or should have known the dog had dangerous tendencies | Medical bills, lost income, pain and suffering |
| Negligence (after Flanders) | The owner failed to use reasonable care, and that failure caused the injury | Medical bills, lost income, pain and suffering |
| Dangerous dog statute (AML § 123) | The dog was found dangerous under the statute | Medical costs |
Which theory fits depends on what the evidence shows about the dog and the owner. Many claims rely on more than one.
The dog’s owner is usually the main responsible party, but New York law can also reach people who keep or harbor the dog and, in some cases, a landlord. Identifying every responsible party matters because each one may carry separate insurance.
Depending on the facts, responsible parties can include:
Landlord claims often overlap with a premises liability claim, since the question is whether the property owner knew of a hazard and could have addressed it. Whether Flanders extends negligence claims to landlords who did not know of a vicious propensity has not been settled by the Court of Appeals.
Many people hesitate to file a claim because the owner is a neighbor, a friend, or a relative. In most dog bite claims, the payment comes from the owner’s homeowner’s or renter’s liability coverage, not from the owner’s own savings.
Policies vary, and some exclude certain dogs, so the first step is learning what coverage applies.
The steps you take in the first days after a bite protect your health and preserve the evidence your claim will rely on. These steps help most people:
A police or dog control report creates an official record of the attack, and it can later support a dangerous dog proceeding. Once those records exist, it becomes much easier to show what happened.
Dog bites cause injuries that range from minor punctures to permanent disfigurement. The type of injury matters to a claim because it shapes the medical costs, the recovery time, and the lasting effects a jury or insurer will consider.
Injuries we commonly see in dog bite claims include:
Each of these injuries can change what a fair recovery looks like, which is why we document them from the start.
Economic damages cover measurable losses: medical treatment, future procedures such as scar revision, prescriptions, and lost wages. Non-economic damages cover pain, emotional distress, disfigurement, and the loss of activities you used to enjoy.
Both depend on proof, so treatment records and your own account of daily life both matter.
Children are frequent victims of dog bites, and their injuries are often to the face and head. A child may also carry emotional effects, such as nightmares or fear of going outside, that belong in the claim.
Special deadline and settlement rules apply to minors, which we address below and in the questions at the end of this page.
Owners and insurers often argue that the injured person provoked the dog or trespassed. Under CPLR 1411, New York’s comparative fault rule for injury cases like dog bites, your own share of fault does not bar recovery.
It reduces the award by your percentage of fault. A person found 10 percent at fault, for example, recovers 90 percent of the damages proved.
The 2026 change that bars recovery for a more-at-fault person applies to motor vehicle no-fault cases, not dog bites.
Insurers tend to raise the same arguments. We prepare for each:
Witness statements, photographs, and records of the dog’s earlier behavior usually answer these arguments most directly.
Most New York dog bite lawsuits must be filed within three years under CPLR 214, but shorter and longer deadlines apply in some situations. Treat the table below as general information and confirm your deadline with an attorney.
| Situation | General deadline | Source |
|---|---|---|
| Most dog bite injury lawsuits | 3 years from the bite | CPLR 214(5) |
| Claim against a city, county, or other public corporation | Notice of claim within 90 days | General Municipal Law § 50-e |
| Lawsuit against a public corporation after notice | 1 year and 90 days from the bite | General Municipal Law § 50-i |
| Injured person under 18 | Extended, generally to 3 years after the 18th birthday | CPLR 208 |
The 90-day notice rule matters if a dog owned or controlled by a municipality was involved. Under General Municipal Law § 50-e, a court can allow late notice in some cases, but that relief is discretionary.
You can hire our firm for a dog bite claim without paying attorney fees up front.
Passalacqua & Associates, LLC handles dog bite claims on a contingency fee basis. Our fee comes as a percentage of any compensation we recover.
If there is no recovery, you owe no attorney fees.
These answers address questions people in Utica often ask before they decide whether to bring a claim.
You should not have to sort out insurance policies and liability rules while you heal. Passalacqua & Associates, LLC can review your dog bite in Utica, identify the coverage that applies, and tell you plainly what we think your claim needs.
Call (315) 500-6425 to schedule a free consultation with a dog bite lawyer in Utica, NY.
Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.