Dog bites are a serious public health concern, particularly for children and vulnerable adults. While training, neutering, and responsible restraint can reduce risk, no method guarantees complete safety. Understanding prevention and legal responsibility is essential for dog owners and bite victims alike.

In recent months at LaMarche Safranko Law, we have become involved in numerous cases where people are injured as a result of being bitten by aggressive dogs.

Dog Bite Statistics: Who Is Most at Risk:

Dog bites are more common than many realize:

  • Around 4.5 million people in the U.S. are bitten by dogs each year, and approximately 800,000 require medical attention, including roughly 400,000 children (AVMA).
  • Children, especially ages 5–9, are the most common victims, often bitten during everyday interactions with familiar dogs. (PetRadar 2025).

Sadly, there is no guaranteed way to completely prevent a dog from biting.  According to the AVMA, these practices can reduce bite risk:

  • Never approach unfamiliar dogs. (AVMA)
  • Avoid running or screaming around dogs.
  • Supervise children when they play with dogs; teach safe interactions.
  • Do not disturb a dog that is eating, sleeping, or caring for puppies.
  • Report stray or unusually behaving dogs to local authorities immediately.

The AVMA recommends these critical steps in the event of a dog bite:

  • If the dog’s owner is present, request proof of rabies vaccination, and get the owner’s name and contact information.
  • Clean the bite wound with soap and water as soon as possible.
  • Consult your doctor immediately or go to the emergency room if it’s after office hours.
  • Contact the dog’s veterinarian to check vaccination records.

https://www.avma.org/resources-tools/pet-owners/dog-bite-prevention

Legal Responsibility in New York After a Dog Bite

When a dog bite occurs, liability can arise under two different frameworks in New York: strict liability under statute and common law liability (the traditional “one-bite” rule).

  1. Strict Liability under NY Agriculture & Markets Law § 123
  • Vicious propensity is NOT required.
  • If a dog bites someone who is lawfully on public property or lawfully in a private place, the owner is automatically liable, even if the dog had never bitten anyone before or was not known to be aggressive.
  • The victim does not need to prove the dog had a history of aggression.
  1. Common Law (“One-Bite” Rule)
  • Vicious propensity IS required under common law.
  • If the bite occurs outside the scope of the strict liability statute, the owner is liable only if they knew or should have known the dog was dangerous—e.g., it had bitten someone before or displayed aggression.
  • This is known as the knowledge requirement: liability depends on prior notice of the dog’s dangerous tendencies.

After experiencing a dog bite, the first priority is to obtain medical attention immediately. Once you have received medical treatment and you feel that the dog’s owner is responsible for the bite, we are always available to speak to you about what options and recourse you may have. It is important for both owners and victims to understand that when dog bite injury claims are filed, they are paid out by homeowner’s insurance liability, not directly from the owners’ pockets.