Flanders v. Goodfellow: One Year Later — How the 2025 New York Court of Appeals Ruling Is Reshaping Dog-Bite Litigation

Bottom line: Flanders v. Goodfellow, 2025 NY Slip Op 02261 (Ct. App. Apr. 17, 2025), ended the 19-year “one free bite” rule under Bard v. Jahnke. One year on, the decision is reshaping how Long Island and NYC trial courts handle dog-bite cases at summary judgment — negligence theory now survives where a strict-liability claim alone would have failed. This post is the case-law update; for the definitive practitioner field guide to the dual-track framework, see the cornerstone below.

Cornerstone: This post is a news / case-update piece on Flanders v. Goodfellow. For the definitive practitioner field guide covering the dual-track strict-liability + negligence framework, Long Island leash ordinances, the evidence map, damages tables, and a five-step case-evaluation flow, see New York Dog-Bite Law After Flanders v. Goodfellow — The Practitioner Guide.

If you or a loved one has been injured in a dog attack in New York, significant legal changes in 2025 and 2026 have dramatically expanded your rights to seek compensation. The New York Court of Appeals’ landmark decision in Flanders v. Goodfellow has eliminated the outdated “one free bite” rule, creating new opportunities for dog bite victims to pursue justice.

The End of the “One Free Bite” Rule in New York

For decades, New York followed the harsh “one free bite” doctrine, which essentially gave dog owners immunity from liability if their pet had never bitten anyone before. Under this old rule, even when owners were clearly negligent—ignoring obvious warning signs, violating leash laws, or failing to properly restrain dangerous dogs—victims were often left without legal recourse.

This unfair legal barrier meant that seriously injured victims faced an uphill battle in court. Personal injury attorneys across New York frequently had to deliver devastating news to clients: despite suffering severe injuries due to an owner’s carelessness, there was no viable legal claim simply because the dog had no prior bite history.

How Flanders v. Goodfellow Changed Everything

In 2025, the New York Court of Appeals issued its groundbreaking decision in Flanders v. Goodfellow, officially eliminating the “one free bite” rule and aligning New York with the majority of states that already allow negligence-based dog bite claims. This decision represents the most significant change to New York dog bite law in generations.

What the New Standard Means

Under the new legal framework established by Flanders v. Goodfellow, dog bite victims can now pursue claims under both:

1. Strict liability - Where the dog owner had actual or constructive knowledge of the animal’s vicious propensities
2. Traditional negligence principles - Where the owner failed to exercise reasonable care, regardless of the dog’s bite history

This means that dog owners can now be held responsible when they fail to exercise reasonable care, even if their dog has never bitten anyone before.

Before vs. After Flanders v. Goodfellow — Recovery Pathway Comparison

The single biggest practical impact of Flanders v. Goodfellow (NY Ct. App. 2025) was on the threshold question: when does a dog-bite victim have a viable claim at all? The before/after looks like this:

Fact Pattern	Pre-Flanders (≤ 2024)	Post-Flanders (2025+)
Dog had no prior bite history; owner failed to leash in violation of local ordinance	No claim (strict liability barred; negligence not recognized)	Negligence claim available — leash-law violation = breach of duty
Dog had documented prior bite; owner knew or should have known	Strict liability claim available	Both strict liability (medical costs) and negligence (full damages)
Dog had no prior bite; owner left gate open and dog escaped	No claim	Negligence claim — duty to secure premises
Dog had no prior bite; trained as guard dog with aggressive socialization	Limited claim — required proving vicious propensity	Negligence claim — owner had reason to know of risk
Worker bitten on commercial property during business hours	Workers’ comp + limited tort	Negligence claim + premises liability against owner
Postal worker / delivery driver / utility worker bitten	Federal statutory remedies + limited tort	Negligence claim + traditional protections
Child bitten by familiar neighbor’s dog	Almost never actionable absent prior bite	Negligence claim if owner failed to use reasonable care

The bottom-line shift: New York moved from “no claim without a prior bite” to “negligence claim available wherever the owner failed to exercise reasonable care.” The “one free bite” defense is dead. Strict liability for known-vicious dogs (medical costs only) remains a separate, additional claim — not the only path.

Examples of Negligence in Dog Bite Cases

The expanded negligence standard allows courts to consider a wide range of owner behavior that previously would not have supported a legal claim. Examples include:

• Leash law violations - Allowing dogs to roam unleashed in areas requiring leashes
• Unsecured property - Failing to properly fence yards or secure gates
• Ignored warning signs - Disregarding obvious signs of aggression or territorial behavior
• Inadequate restraint - Using improper equipment or failing to maintain control during walks
• Poor training or socialization - Neglecting to properly train or socialize dogs, especially large or powerful breeds
• Violating local ordinances - Failing to comply with breed-specific regulations or licensing requirements

Impact on Different Types of Dog Bite Cases

Construction Workers and Dog Attacks

Construction workers, delivery personnel, and other professionals who work on residential properties face heightened risk of dog attacks. Under the new standard, property owners who fail to secure their dogs or provide adequate warning about aggressive pets can now face liability even without prior bite incidents.

Children and Dog Bite Injuries

Children are disproportionately affected by dog attacks and often suffer the most severe injuries. The elimination of the “one free bite” rule is particularly beneficial for families whose children are attacked by dogs with no prior bite history. Parents can now pursue compensation based on the owner’s negligent supervision or failure to control their pet around children.

Visitors and Guests

Property visitors who are attacked by dogs can now seek compensation based on negligence theories, even if the dog has never bitten before. This includes social guests, service providers, and anyone lawfully on the property who is injured due to the owner’s failure to exercise reasonable care.

Common Dog Bite Injuries and Compensation

Dog attacks can result in severe, life-changing injuries that require extensive medical treatment and rehabilitation. Common injuries include:

• Deep lacerations and puncture wounds requiring surgical repair
• Nerve damage leading to permanent loss of sensation or function
• Bone fractures from powerful jaw pressure
• Facial injuries requiring reconstructive surgery
• Scarring and disfigurement with lasting psychological impact
• Infection including potentially fatal conditions like sepsis
• Post-traumatic stress disorder and other psychological trauma

Under the new legal standard, victims can seek compensation for:

• Medical expenses (past and future)
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Scarring and disfigurement
• Rehabilitation and therapy costs

What Dog Owners Need to Know

The Flanders v. Goodfellow decision places greater responsibility on dog owners to exercise reasonable care. This includes:

• Following all local leash laws and restraint ordinances
• Properly securing property with appropriate fencing and signage
• Monitoring their dog’s behavior and responding to signs of aggression
• Providing adequate training and socialization
• Maintaining appropriate insurance coverage for potential liability

Dog owners can no longer rely on their pet’s lack of bite history as a shield from liability. The focus has shifted to whether the owner acted reasonably under the circumstances.

Steps to Take After a Dog Bite in New York

If you’ve been injured in a dog attack anywhere in New York State, including Long Island, Nassau County, or Suffolk County, take these important steps:

1. Seek immediate medical attention - Dog bites carry serious infection risks and require prompt professional treatment
2. Report the incident - Contact local animal control or police to file an official report
3. Document everything - Take photographs of injuries, the scene, and the dog if safely possible
4. Gather witness information - Collect contact details from anyone who witnessed the attack
5. Preserve evidence - Keep all medical records, bills, and documentation related to the incident
6. Contact an experienced personal injury attorney - The new legal landscape requires skilled representation to maximize your recovery

The Importance of Acting Quickly

Dog bite cases in New York are subject to strict time limits for filing legal claims. Generally, you have three years from the date of the injury to file a lawsuit, but waiting too long can compromise your case. Evidence can be lost, witnesses may become unavailable, and medical records can be harder to obtain.

Additionally, the new negligence standard established by Flanders v. Goodfellow requires careful investigation of the circumstances surrounding the attack. An experienced personal injury attorney can immediately begin gathering evidence of the dog owner’s negligence while the details are still fresh.

Why Choose an Experienced Dog Bite Attorney

The elimination of the “one free bite” rule creates new opportunities for compensation, but it also adds complexity to dog bite cases. Successfully pursuing a negligence claim requires:

• Understanding of the new legal standards established by Flanders v. Goodfellow
• Knowledge of local leash laws and animal control ordinances
• Experience investigating dog owner behavior and property conditions
• Access to expert witnesses including animal behaviorists and medical professionals
• Skill in negotiating with insurance companies under the new legal framework

Frequently Asked Questions About New York Dog Bite Law Changes

Can I still file a claim if the dog had never bitten anyone before?

Yes. The Flanders v. Goodfellow decision specifically eliminated the requirement that a dog have prior bite history. You can now pursue a claim based on the owner’s negligent behavior, regardless of whether the dog had previously attacked someone.

What if the dog owner claims they didn’t know their dog was dangerous?

Under the new negligence standard, the owner’s knowledge of the dog’s specific dangerous propensities is no longer required. The question is whether the owner exercised reasonable care under the circumstances, which can include violations of leash laws, failure to secure property, or ignoring obvious warning signs.

How does this change affect cases involving children?

The new standard is particularly beneficial for cases involving child victims. Courts can now consider whether dog owners took reasonable precautions when children were present, regardless of the dog’s bite history. This includes factors like supervision, restraint, and warning visitors about the presence of large or excitable dogs.

Can property owners be held liable for tenant’s dogs?

Potentially, yes. Under the negligence standard, landlords and property owners may face liability if they knew or should have known about dangerous dogs on their property and failed to take reasonable steps to protect visitors or other tenants.

What evidence is important in negligence-based dog bite cases?

Key evidence includes violation of local leash laws, inadequate fencing or property security, witness testimony about the dog’s prior behavior, veterinary records, training records (or lack thereof), and any prior complaints or incidents involving the dog that didn’t result in bites.

How long do I have to file a dog bite lawsuit in New York?

Generally, you have three years from the date of injury to file a lawsuit in New York. However, it’s crucial to contact an attorney immediately to preserve evidence and protect your rights under the new legal standards.

Conclusion: A New Era of Justice for Dog Bite Victims

The elimination of New York’s “one free bite” rule represents a watershed moment for personal injury law in our state. The Flanders v. Goodfellow decision corrects a long-standing injustice and aligns New York with modern principles of accountability and public safety.

For dog bite victims across New York, including those on Long Island, this legal change opens doors to compensation that were previously closed. The new negligence standard recognizes that injury victims should not bear the cost of someone else’s carelessness, whether that carelessness involves a motor vehicle, a dangerous property condition, or an improperly controlled dog.

If you or a loved one has been injured in a dog attack, the experienced personal injury team at J. Tenenbaum Law can help you understand your rights under the new legal standards and pursue the compensation you deserve. The legal landscape has changed dramatically in favor of victims—don’t let outdated assumptions about dog bite law prevent you from seeking justice.

Contact us today for a free consultation to discuss your case and learn how the recent changes in New York dog bite law may affect your claim. Time is critical, and the sooner we can begin investigating your case under the new negligence standards, the better positioned you’ll be to achieve a successful outcome.

Related Reading

• Mental Health Damages in Personal Injury Claims: Long Island’s Growing Recognition in 2026 — PTSD and anxiety damages framework now driving the largest single line item in many post-Flanders dog-bite verdicts, especially child-victim cases.
• New York’s No-Fault Reform 2026: How Proposed Changes Could Deny Concussion and TBI Victims Fair Compensation — companion analysis on serious-injury threshold and documentation issues that overlap with dog-bite litigation when victims also suffer head trauma.
• MTA Personal Injury Lawsuits in 2026: Why Transit Injury Claims Are Rising and What Passengers Need to Know — sibling personal-injury analysis on the municipal-defendant calendar that also controls dog-bite cases involving police K-9 units and animal-control dogs.

Related Practice Areas

For a deeper dive into the firm’s coverage of related topics:

• New York Dog-Bite Law After Flanders v. Goodfellow — The Practitioner Guide (cornerstone — dual-track framework, evidence map, damages tables, leash-ordinance map, five-step evaluation flow)

• Long Island Dog Bite Attorney

• Long Island Premises Liability Attorney

• FAQ — 37 questions across 7 practice areas

• [Legal Encyclopedia — NY no-fault, personal injury, and employment-law glossary](/legal-encyclopedia/)

Authoritative External Resources

• New York State Department of Motor Vehicles — Crash Reports — accident report retrieval and crash statistics
• New York State Senate — Consolidated Laws — official text of CPLR, EPTL, Labor Law, and Insurance Law

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Last reviewed: 2026-05-20.