Were you or your child seriously injured by someone else’s dog in Buffalo?
Plaintiff-focused attorneys helping dog bite and attack victims across Buffalo, NY.
A dog attack can happen in an instant and leave lasting physical and emotional scars. New York’s dog bite law changed significantly in April 2025, making it substantially easier for victims to hold negligent owners accountable without having to prove the dog had a documented history of aggression. A dog bite lawyer in Buffalo, NY at Jacobson Injury Firm identifies the responsible owner, works with their insurer, and pursues the full compensation a victim deserves for medical care, scarring, and trauma. Attorney Adam Jacobson, licensed in New York, prepares each claim as though it will be decided by a jury. Contact us for a free consultation to learn what your case may be worth.
Dog Bite Lawyer Buffalo, NY
A dog bite claim is how an injured person seeks compensation from the animal’s owner after an attack causes harm. Bites happen throughout Buffalo in its residential neighborhoods, at Delaware Park and the city’s other green spaces, on the sidewalks and walking paths of the Elmwood Village and North Buffalo, and wherever dogs and people share space daily. Buffalo is a dog-friendly city with a significant canine presence in its parks, neighborhoods, and commercial areas, which makes the risk of attacks a genuine local concern year-round. New York’s dog bite law changed significantly with the New York Court of Appeals’ April 2025 decision in Flanders v. Goodfellow, which expanded the paths available to victims and brought the state in line with the majority of other states. Matters that proceed to litigation are heard in Erie County Supreme Court, part of New York’s 8th Judicial District.
New York Dog Bite Law After Flanders v. Goodfellow (April 2025)
For decades before 2025, New York’s dog bite law required victims to prove that the dog’s owner had actual or constructive knowledge of the dog’s “vicious propensities”, threatening behavior such as growling, lunging, snapping, or prior biting that put the owner on notice the animal could cause harm. A 2006 Court of Appeals decision had also closed the door on ordinary negligence claims against dog owners, meaning that if an owner had no prior notice of dangerous behavior, victims had no path to recovery at all.
In April 2025, the New York Court of Appeals changed both rules in Flanders v. Goodfellow, overruling the 2006 precedent and establishing two distinct paths to recovery for victims:
- Strict liability based on known vicious propensities. An owner who had actual or constructive knowledge of the dog’s vicious propensities is strictly liable for harm resulting from those propensities. Vicious propensities are not limited to prior bites. Growling, snarling, lunging, snapping, and aggressive posturing that the owner knew or should have known about can establish this element, even if the dog never bit anyone before.
- Ordinary negligence (new as of April 2025). Even without any proof of prior vicious propensities, a victim can now pursue a claim against an owner who failed to exercise reasonable care in controlling the dog or preventing the attack. This is the most significant change. An owner in Delaware Park, on a Buffalo sidewalk, or at a neighborhood park who allows their dog to roam unleashed or fails to secure an aggressive animal can now be held liable even if the dog has no documented history of biting.
The practical effect of the 2025 ruling is substantial. Buffalo dog owners can no longer escape liability simply because their dog had no prior documented attacks. Competitor pages on this topic that still cite the pre-2025 “one free bite” law are outdated. The 2025 decision aligned New York with the Restatement (Second) of Torts and the approach taken by the majority of other states.
Common Injuries From Dog Attacks
Dog attacks cause distinctive and often severe injuries, and compensation must account for their full, lasting impact:
- Puncture wounds and lacerations. Deep bites that carry a significant risk of infection, including bacterial and potentially rabies exposure, and often require surgical repair.
- Permanent scarring and disfigurement. Particularly to the face, hands, and arms where victims instinctively shield themselves, sometimes requiring reconstructive surgery.
- Nerve and muscle damage. Lasting loss of strength or sensation, especially in bites to the hands and limbs.
- Emotional trauma. Anxiety, fear of dogs, nightmares, and post-traumatic stress that can be especially profound in children and may require ongoing psychological treatment.
Why Choose Jacobson Injury Firm as Your Dog Bite Lawyer in Buffalo, NY?
Preparation Insurers Respect
Dog bite claims reward careful documentation of the owner’s knowledge, the circumstances of the attack, and the victim’s injuries over time. Adam Jacobson approaches each case with a litigation-driven mindset and readies every matter as though it will reach a courtroom. He earned his law degree from Florida International University College of Law and is admitted to practice in New York, Florida, Connecticut, and Illinois. His Bachelor of Science in Biotechnology with a minor in Immunology proves especially useful when medical records and the causation of specific injuries become central.
Direct, Personal Representation
Because many bite victims are children, and because these cases involve families dealing with trauma on top of injury, they call for sensitivity as well as skill. Adam personally handles every case from the first phone call to final resolution. He has recovered millions of dollars for injured clients and prepares every Buffalo case for the Erie County courts where it may be decided.
No Fee Unless We Win
Dog bite cases are handled on a contingency fee basis, so there is no retainer and no hourly billing, and a fee is owed only if we recover for you. In the most tragic cases involving fatal attacks, we also handle Buffalo wrongful death claims. For the full range of matters we handle, see our Buffalo personal injury lawyer overview.
Understanding Damages and Fault Under New York Law
Compensation is meant to reflect the full scope of harm the attack caused. Recoverable damages may include emergency medical care, surgical and reconstructive treatment, infection treatment and follow-up care, and future medical needs, along with lost wages for an injured adult. Victims may also recover for pain and suffering, permanent scarring and disfigurement, and the emotional and psychological effects of the attack. Most dog bite claims are paid through the owner’s homeowner’s or renter’s insurance, which is why identifying the correct owner and their policy is an early priority in every case.
New York’s pure comparative fault rule under CPLR § 1411 applies to dog bite claims. A defense of provocation may reduce a recovery proportionally but does not automatically eliminate it, and young children are rarely found to have legally provoked an animal. The defendant bears the burden of proving comparative fault under CPLR § 1412.
Important Aspects of a Dog Bite Case in Buffalo
Seeking prompt medical care matters for both health and the legal record, given the high risk of infection from animal bites. Reporting the bite to Erie County animal control and the local authorities creates an official account and initiates identification of the dog and owner under Agriculture and Markets Law § 123. Preserving evidence such as photographs of the injuries taken at multiple points over time, the location of the attack, and witness contact information builds the strongest possible claim. Public-health guidance from the CDC underscores the importance of prompt treatment after any animal bite.
The Dog Bite Case Timeline
Every claim runs on its own schedule, but most follow the same path. We investigate the attack, identify the owner and their insurance, and preserve the evidence. We follow your medical treatment, including any reconstructive care, so the claim reflects the full scope of the injuries. We submit a demand and negotiate toward a fair settlement. If the insurer refuses a reasonable amount, we file suit in Erie County Supreme Court and move into discovery. Finally, the case resolves through settlement or, when necessary, a jury trial.
Important New York Legal Resources
New York law sets the framework for these claims. The dangerous-dog adjudication statute appears in Agriculture and Markets Law § 123, the April 2025 Flanders v. Goodfellow decision established the two-path liability framework, pure comparative fault under CPLR § 1411 governs shared blame, and the statute of limitations under CPLR § 214 gives most claims three years.
Dog Bite Lawyer FAQs
Does the dog have to have bitten someone before for me to have a claim in New York?
No longer. Following the New York Court of Appeals’ April 2025 decision in Flanders v. Goodfellow, victims can now pursue either a strict liability claim based on the owner’s knowledge of vicious propensities, or an ordinary negligence claim based on the owner’s failure to exercise reasonable care, regardless of whether the dog had ever attacked before.
Who actually pays a dog bite claim in Buffalo?
In most cases, the dog owner’s homeowner’s or renter’s insurance pays the claim, not the owner out of pocket. This means pursuing a claim does not require an adversarial confrontation with a neighbor or friend; the insurance is designed for exactly this situation.
What if the owner claims my child provoked the dog?
Provocation is a defense under New York law, but it does not automatically eliminate a claim. Under CPLR § 1411, it may reduce a recovery proportionally at most, and young children are rarely found to have legally provoked an animal. The specific facts of the attack are what decide the issue.
How long do I have to file a dog bite claim in New York?
Most claims must be filed within three years under CPLR § 214. Because injuries such as infection and scarring can develop and change over time and evidence fades, it is best to speak with an attorney soon after the attack.
What does it cost to hire a dog bite lawyer?
Nothing upfront. Jacobson Injury Firm handles dog bite cases on a contingency basis, so there are no attorney fees unless we recover compensation for you, and the initial consultation is free.
Contact Jacobson Injury Firm to Schedule a Consultation
If you or your child was injured by a dog in Buffalo, you do not have to handle the insurance company alone. A Buffalo dog bite lawyer at Jacobson Injury Firm can review what happened, identify the responsible owner’s coverage, and pursue the full compensation New York law allows. Consultations are free, and we work on a contingency basis, so there are no attorney fees unless we recover for you. Contact Jacobson Injury Firm today to speak directly with Adam Jacobson.
