John Richmond, Co-Founder and CEO
- August 5, 2025
For many, dogs are a constant source of joy and companionship. However, one encounter with a violent dog can leave you with serious injuries and lifelong fears, forever changing your relationship with man’s best friend—all because the owner failed to keep you safe.
If you or a loved one has been attacked by an aggressive dog in Rochester, the experienced dog bite lawyers at Richmond Vona can help you hold the owner accountable and recover the compensation you deserve for your injuries.
Contact us online or call 585-523-2336 today for a free consultation.
- Why Work With Richmond Vona for Your Rochester Dog Bite Case
- New York’s Dog Bite Laws
- The Flanders Decision: Proving Negligence in Dog Bite Cases
- When Can You Sue for a Dog Bite in Rochester?
- What Damages Are Available in Dog Bite Cases?
- How Our Rochester Dog Bite Attorneys Can Help
- Rochester Dog Bite Case FAQs
Why Work With Richmond Vona for Your Rochester Dog Bite Case
With more than two decades of combined experience in personal injury law, our team has built a reputation for results-oriented representation and compassionate, aggressive advocacy for injury victims. We’ve recovered over $200 million for our clients by focusing on a personalized, client-first approach by taking on fewer cases so we can give each of our clients the full, individual attention their situation deserves.
We are proud to say that many of our new clients come through referrals, a reflection of the trust our past clients place in us. As some have shared:
Our dog bite attorneys are ranked #1 in the Buffalo area by TrustAnalytica thanks to our firm’s dedication to convenience, accessibility, and open communication with our clients.
New York’s Dog Bite Laws
As of 2025, New York has a mixed liability system for dog bite cases. This means that courts can consider both strict liability and negligence when weighing whether a dog owner is responsible for a victim’s injuries.
Rochester’s local laws require all dogs to be leashed when not secured on the owner’s property. All dogs four months or older also must be vaccinated and licensed.
Negligence vs. Strict Liability
Strict liability considers whether the owner knew or should have known their dog was potentially dangerous before the attack. If the owner was aware of any “vicious propensities,” they can be held liable whether or not they tried to warn others about their dog.
Dog owners can be negligent if they do not take reasonable precautions to prevent their dog from hurting others, such as putting up signs, maintaining fences and gates, or keeping the dog properly leashed and supervised.
The Flanders Decision: Proving Negligence in Dog Bite Cases
In December 2018, postal worker Rebecca Flanders sued Stephen and Michelle Goodfellow over an incident where their dog burst through the door and bit Flanders’ shoulder while she was delivering a package, causing a significant muscle tear that required multiple surgeries and left her permanently scarred.
Flanders brought claims of strict liability and negligence against the Goodfellows, arguing they should have known their dog had the potential for violence and did not warn her. She submitted affidavits from two other postal workers who claimed they saw the dog bite, gnash, and charge into windows during deliveries.
Despite this, the New York Supreme Court ruled in favor of the Goodfellows and dismissed both counts, finding that Flanders hadn’t proven the owners had “constructive knowledge” of the dog’s behavior—a key element under New York law at the time.
After a series of appeals, the State of New York Court of Appeals reversed the decisions in an April 2025 ruling, stating that the owners’ claimed ignorance of the dog’s behavior raised enough factual questions to go to trial.
How the Flanders Decision Affects Dog Bite Cases in New York State
Before the Flanders decision, New York law only allowed dog bite victims to pursue strict liability claims. Victims had to prove that the dog had previously bitten someone, or that the owner knew or should have known about the dog’s dangerous propensities. Negligence claims were not recognized in cases involving domestic animals due to the precedent set in Bard v. Jahnke (2006).
After Flanders, victims can now pursue negligence claims even if the dog had no prior history of aggression. This means that if an owner failed to take reasonable steps to prevent an attack, such as keeping their dog on a leash or securing their front door, they can be held legally responsible.
The most consequential part of the Flanders decision is the overturning of Bard v. Jahnke, a 2006 Court of Appeals ruling that found owners of domestic animals couldn’t be held liable for negligence. The court called the Bard precedent “unworkable, and, in some circumstances, unfair,” noting that it disincentivized pet owners from learning about their dog’s temperament and behavior to prevent future harm.
Now, owners can potentially be held liable for allowing their dog to harm others, regardless of whether they knew it could be violent. This allows us to pursue both strict liability and negligence claims in dog bite cases, increasing our overall chances of a successful recovery.
While the Flanders court did not directly address landlord liability, the new ability to bring negligence claims could affect how future courts interpret a landlord’s duty of care when renting to owners of dangerous dogs.
When Can You Sue for a Dog Bite in Rochester?
Dog bite cases must meet a few basic requirements to be considered valid:
- You were not trespassing. The incident must have occurred in a public place or on private property that you were invited to or had the lawful right to enter.
- You did not provoke the dog. Owners may not be liable for injuries caused by a dog that was deliberately agitated or frightened before becoming violent.
- The dog had a history of aggression, or the owner acted negligently. Even if the dog had never bitten anyone before, you may still be able to recover compensation if the owner failed to take reasonable steps to prevent the attack, such as securing the dog or keeping it leashed.
The statute of limitations for dog bite claims in New York is three years after the date of the injury, though the deadline can be extended significantly if the victim is a minor. Our experienced Rochester dog bite lawyers can help you file your claim as soon as possible, maximizing your chances of a successful recovery.
What Damages Are Available in Dog Bite Cases?
Like in other personal injury cases, dog bite victims can recover both economic and non-economic damages for their injuries. Common examples include:
- Pain and suffering
- Any wages lost while missing work due to your injuries
- Medical expenses, including the costs of surgeries, antibiotics, rabies shots, and other treatments
- Emotional distress, including long-term trauma related to the attack
Every case is unique. In your free consultation, our knowledgeable dog bite attorneys can help estimate the potential value of your claim. At Richmond Vona, we will explore every possible avenue for recovery—including renters’ insurance or landlord negligence—based on the facts of your case.
How Our Rochester Dog Bite Attorneys Can Help
Our skilled legal team can handle every aspect of your dog bite claim, including:
- Investigating: We examine the dog’s behavioral history and the owner’s actions to determine whether they knew about the danger or failed to take reasonable steps to prevent the attack.
- Gathering evidence: We will collect medical records and statements from any witnesses to support your claims.
- Negotiating: Our team will handle all communications with the owner and their insurance companies, negotiating aggressively to secure a fair settlement.
- Preparing for court: If necessary, our experienced attorneys will take your case to trial and fight hard to win you the compensation you deserve.
Speak with a Rochester Dog Bite Attorney Today
Richmond Vona is dedicated to getting justice for injury victims like you. If you or a loved one has been hurt in a dog bite incident, contact us online or call 585-523-2336 today to schedule a free consultation with our experienced legal team.
Rochester Dog Bite Case FAQs
What Should I Do if a Neighbor's, Family Member’s, or Friend’s Dog Bit Me?
When you file a premises liability claim, you are pursuing compensation from their insurance company instead of taking legal action against them directly. At Richmond Vona, our attorneys can help preserve your relationships while ensuring your medical costs are covered.
Can I Sue if My Child Was Bitten at a Park or Public Place?
Yes, you can file a dog bite lawsuit on behalf of your child within three years of the incident. Your child can also bring a claim independently within three years of turning 18.
Will the Dog Be Put Down if I File a Lawsuit?
Not necessarily. Whether a court will order euthanasia after a dog bite depends on the circumstances of the incident, the severity of the injuries, and whether the dog has an established history of violent behavior. The dog will not automatically be euthanized if you pursue a successful dog bite claim, and the owner will have 30 days to appeal if a court does order euthanasia.
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John Richmond and the team at Richmond Vona did an incredible job with my complicated personal injury case. They made sure no stone was unturned and got me the settlement I deserved for my situation. They treat you well, explain everything you need to know and more so you are always in the loop about the status of your case. John was easy to get in touch with anytime during the process and made signing paperwork easy and understandable. Their entire staff is professional and helpful throughout the process These guys are fair, trustworthy, and will stand up for you!
This firm’s attention to detail is second to none. It’s evident that they are true professionals and really care about their injured clients. This is the firm to call if you have been seriously injured due to someone else’s negligence.
