John Richmond, Co-Founder and CEO
- September 11, 2025
When dogs attack, the resulting injuries can be severe and long-lasting. From scarring and disfigurement to the increased risk of infection, it can take time for these health issues to resolve. Along with the physical pain, the trauma from the incident can also be devastating and hard to overcome. Let a dedicated personal injury attorney help.
If a canine attack injured you, it is crucial to learn about your legal options immediately. Reach out to a Buffalo dog bite lawyer to assist you in understanding your rights and to advocate on your behalf while pursuing the compensation you need to begin healing.
“For too long, New York law protected negligent dog owners at the expense of innocent victims. Unless a dog had a documented history of aggression, there was often no path to justice. That changed with the Flanders decision. The Court of Appeals has finally opened the door for victims to hold dog owners accountable under basic principles of negligence. This isn’t just a legal shift—it’s a recognition that responsibility matters. At Richmond Vona, we’ve always believed that if someone’s carelessness leads to injury, they should be held responsible. This ruling helps ensure that moving forward.”
John Richmond, Co-Founder & CEO, Richmond Vona, LLC
When is a Dog Owner Responsible for a Bite?
The owner of a dog can be held responsible for injuries caused by their dog. While prior behavior, propensity, and the owner’s actual or constructive knowledge are required for full damages, medical expense liability is automatic for dangerous dogs. It is also essential to prove that the injured person did nothing to provoke the dog. Regardless of the scenario, an experienced Buffalo dog bite attorney can gather evidence and analyze the details of a case to help hold a negligent owner accountable.
Dangerous Dogs
Although it may be easier to recover medical expenses if a dog is declared dangerous under New York law, victims must still prove that the dog had previously bitten someone or exhibited vicious propensities—and that the owner knew or should have known about this—if they want to recover full damages like pain and suffering. If this can be shown, the owner is held strictly liable, and the victim does not have to prove negligence. This can make recovery easier, since proving negligence is often the most challenging part of personal injury claims.
2025 Update in New York’s Dog Bite Laws
In April 2025, the New York Court of Appeals issued its landmark decision in Flanders v. Goodfellow. Postal carrier Rebecca Flanders was delivering a package to the Goodfellows’ residence when their large dog lunged out the door and bit her shoulder—inflicting a severe muscle tear that required multiple surgeries and caused permanent scarring. There were no warning signs on the property or alerts from the postal system.
However, affidavits from two other postal workers described the dog as aggressive, growling, snarling, barking, and banging against windows as though trying to bite through the glass. The Court found these facts sufficient to raise a triable issue regarding the owners’ constructive knowledge, thus reinstating the strict liability claim. More significantly, the Court overruled the long-standing precedent from Bard v. Jahnke, opening the door for ordinary negligence claims against pet owners in New York for the first time in almost two decades. Injured parties can now choose to pursue either or both legal theories, significantly expanding avenues for recovery.
How The Flanders Decision Affects Dog Bite Cases in New York State
Flanders v. Goodfellow overturned a 2006 decision (Bard v. Jahnke) that had barred negligence claims in most domestic animal injury cases, including dog bite cases. After Flanders, injured parties may pursue strict liability by showing vicious propensities and the owner’s actual or constructive knowledge; and/or negligence, by proving the owner failed to use reasonable care under the circumstances. The behavior described—such as growling, snarling, and lunging—can now be sufficient to show an animal’s vicious propensities, even without a prior bite.
The Court held that there was a triable issue of fact as to whether the Goodfellows had constructive knowledge of their dog’s dangerous behavior, which supports a claim under strict liability. The decision now allows injured parties to pursue both negligence and strict liability claims in cases involving domestic animal attacks, including dog bites.
When is a Landlord Responsible for a Dog Bite?
Sometimes dog bites happen on property owned by someone other than the dog owner. This includes dog bites that occur in an apartment or house that the dog owner is renting from a landlord. In these circumstances, a landlord may be held liable for injuries caused by the dog.
To hold a landlord responsible, it must be proven that the landlord knew the dog was on their property, knew or should have known that the dog had vicious behavior prior to injuring someone, and had the ability to remove the dog from the property, but chose not to. Holding a Buffalo landlord liable for a dog bite can be critical in situations where the dog owner does not have insurance to compensate the injured person.
Defenses in a Dog Bite Case
Defenses can apply to dog bite claims in New York, even when the strict liability standard is invoked. New York’s comparative fault rules can reduce damages if the victim’s conduct contributed, such as if the dog was provoked, acting in defense of its owner or itself, reacting to pain, performing law enforcement duties, or if the bite victim was trespassing at the time of the incident.
In the wake of the Flanders v. Goodfellow decision, owners may raise defenses to either strict liability or negligence claims, so it’s essential to address them early with counsel. Regardless of the legal theory pursued, injured victims need to work closely with an attorney to address any defenses raised by the dog’s owner. Demonstrating why these defenses do not apply is essential to securing full financial recovery—something that can be difficult to accomplish without skilled legal counsel.
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John Richmond has been extremely helpful on several occasions with matters we presented to him. I was very impressed with the exceptional diligence and professionalism he exhibited in successfully handling those issues. He took into consideration my thoughts and reasons behind the items I felt needed to be addressed. He went out of his way to make meeting with us a very convenient and pleasant experience. When our son required assistance with a custody issue we again went to Mr. Richmond. As it was an issue that was outside the scope of his expertise he did not hesitate to recommend another attorney in the field which was needed. That attorney was also exceptional and that case was also successfully resolved and for that recommendation we truly thank him. We will, beyond any doubt, utilize his firm and services for any matters that may arise in the future. I do not hesitate to highly recommend Mr. Richmond and his firm.
My experience with Richmond Vona was exceptional. Keith and John gave my case all the attention required to bring about a successful result. They were a calming and confident presence during a very difficult time in my life. I was never treated like a number, but more like family. They were in constant communication with me to make sure that everything I was going through was taken care of. I appreciate all of the support I received from Keith and John. I am proud to be part of the Richmond Vona family, and would highly recommend them to anyone
Let me be honest, I’ve been skeptical of attorneys in the past…. but Keith Vona and Richmond Vona, LLC changed that. They are professional, caring, thorough and trustworthy. They assisted me and my family with a challenging mesothelioma case. Challenging why, because my father passed before he could testify. Keith remained in contact, updated us regularly and I believe went above and beyond normal due diligence. I would highly recommend Richmond Vona, LLC. Thank you for all you have done for our family!!
Speak to a Buffalo Dog Bite Attorney for Help Seeking Recovery for Your Losses
Dog attacks can be traumatic events that take years to recover from. While a financial settlement will not undo this trauma, it could provide you with the resources you need to face it.
Let a goal-oriented Buffalo dog bite lawyer help you pursue compensation following an animal attack. Contact Richmond Vona today to schedule a free consultation to learn more.
