Are Landlords Liable for Dog Attacks in New York City?

If you were attacked by a dog in a New York City apartment building, you might assume the dog’s owner is the only person who can be held responsible. But that is not always the whole picture. In certain situations, a landlord may also share legal responsibility for your injuries. Understanding how this works under New York law is important if you or someone you love has been hurt in this kind of incident.

How New York Law Handles Dog Bite Liability

New York’s approach to dog bite cases is more layered than many people realize. Under New York Agriculture & Markets Law § 123, a dog owner can be strictly liable for a victim’s medical costs if the dog has been adjudicated “dangerous.” Beyond medical costs, a victim may also pursue a negligence claim to recover broader damages such as lost wages and pain and suffering. In April 2025, the New York Court of Appeals issued a landmark ruling in Flanders v. Goodfellow, clarifying that negligence is a valid ground for dog bite liability, meaning victims may now have additional pathways to seek full compensation even in cases involving a first-time bite.

When Can a Landlord Be Held Responsible?

Landlords in New York are not automatically on the hook every time a tenant’s dog injures someone. However, there are specific circumstances where liability can attach to a landlord. New York courts generally look at the following factors:

• Knowledge of the dog’s dangerous behavior. The landlord must have known, or reasonably should have known, that the dog had aggressive tendencies. This can be shown through prior complaints from other tenants, reports of growling or lunging in hallways, prior bite incidents, building management incident reports, or even 311 reports filed with the city.
• Control over the property. The landlord must have had the authority and ability to do something about the situation, such as enforcing a no-pets clause, requiring removal of the animal, or initiating lease enforcement proceedings.
• Failure to act. If a landlord was on notice that a dog was dangerous and took no steps to address the risk, that inaction can form the basis of a negligence claim.

So, if multiple tenants complained to building management about an aggressive dog in the hallway, and the landlord ignored those complaints and another attack occurred, there may be grounds to hold that landlord accountable.

What If the Attack Happened in a Common Area?

The location of the incident can matter significantly. Dog attacks that occur in shared spaces, such as lobbies, stairwells, hallways, or courtyards, can strengthen a claim against a landlord because these are areas the landlord is obligated to maintain safely. If a known-dangerous dog regularly accessed these common areas without any intervention from the landlord or building management, that pattern could be relevant to establishing negligence.

Speak With Our Team for Guidance

Dog attack cases involving potential landlord liability can be complex, and the evidence needed to support a claim, such as past tenant complaints, lease provisions, and building records, requires careful gathering and analysis. If you or a loved one was injured by a dog in a New York City apartment building or common area, we encourage you to speak with our team as soon as possible. At Jaroslawicz & Jaros, PLLC, our New York City personal injury lawyers have decades of experience helping injured New Yorkers pursue the compensation they deserve. Contact us today for a consultation on your case.

Source:

nysenate.gov/legislation/laws/AGM/123