New York Court Ruling Ends "One Free Bite" Rule

On April 17, 2025, the New York Court of Appeals issued a landmark ruling in Flanders v. Goodfellow, fundamentally changing how the state handles dog bite liability. In a unanimous decision, the court eliminated the long-standing, so-called "one free bite" rule, allowing victims to bring negligence claims even if the dog had no prior history of aggression. This shift marks a major change in how responsibility is assessed and has far-reaching consequences for both dog owners and injury victims.

Until now, New York followed a strict liability model requiring victims to prove that a dog had "vicious propensities" and that the owner knew, or should have known, about them. That typically meant showing a prior bite or documented aggression. Without that proof, victims were often out of luck.