Dog bites can result in severe injuries and emotional trauma for the victims. If you or someone you know has been bitten by a dog in Rochester, it’s essential to understand how to prove negligence in a dog bite case. Following the April 2025 Flanders v. Goodfellow decision, New York law now permits victims to pursue negligence claims, even if the dog had no prior history of aggression. This change expands victims’ rights and strengthens the path to compensation for medical expenses, lost wages, and other damages.
In this blog post, we’ll explore the key elements of proving negligence in a Rochester dog bite case under the new legal framework.
Gather Evidence
The first step in proving negligence is collecting strong evidence to support your claim. This includes:
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Medical records
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Photos of injuries and the location of the attack
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Witness statements
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Police or animal control reports
Documenting the incident promptly strengthens your case under both negligence and strict liability theories.
Identify the Responsible Party
In Rochester, the dog’s owner is typically held liable, but others—such as landlords, dog walkers, or caretakers—may also share responsibility if they failed to take reasonable precautions.
Under Flanders, the court emphasized that any party who failed to act reasonably to prevent the attack can now be sued for negligence—even if the dog had no prior incidents.
Prove Duty of Care
The recent ruling confirms that all pet owners have a legal duty to act reasonably to prevent their animals from causing harm. This includes:
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Leashing dogs in public
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Securing pets on private property
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Posting warning signs
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Taking steps to prevent dogs from escaping or attacking visitors
Failure to fulfill this duty can now serve as a legal basis for a negligence claim.
Establish Breach of Duty
To prove negligence, you must show that the responsible party breached their duty of care. This could mean:
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Letting a dog roam off-leash
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Ignoring signs of aggressive behavior (like growling or lunging)
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Failing to secure the dog during deliveries or visits
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Not using a leash or proper fencing
Under the new precedent, proof of prior aggression is no longer required—what matters is whether the pet owner failed to act with reasonable care.
Demonstrate Causation
You must link the dog owner’s failure to take reasonable precautions directly to your injuries. For instance:
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The dog was not leashed despite local leash laws.
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The dog escaped through an open gate left unsecured.
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The owner ignored earlier signs of dangerous behavior.
The clearer this causal connection, the stronger your claim for compensation under negligence.
Document Damages
To support your claim, gather detailed evidence of your losses, including:
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Medical bills and prescriptions
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Therapy and counseling expenses
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Lost income
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Pain and suffering
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Emotional trauma and disfigurement
These documents are crucial for calculating damages under both legal theories.
Seek Witness Testimony
Eyewitnesses or expert witnesses (such as dog behavior specialists) can be critical. Their testimony can:
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Confirm the dog’s behavior
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Establish the owner’s failure to act
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Explain the severity of the attack and its aftermath
Following Flanders, courts are now more open to such testimony in negligence claims.
Explore Local Laws and Regulations
Rochester has local leash laws and dog control ordinances. Violations of these rules may constitute evidence of negligence. Understanding these regulations can help you prove that the dog owner failed to take reasonable precautions.
Document Prior Incidents
Although prior aggression is no longer necessary to file a negligence claim, it still strengthens your case under strict liability. Use FOIL requests to obtain past complaints or reports involving the dog or owner from animal control or the health department.
Consult with a Personal Injury Attorney
Navigating both strict liability and negligence claims can be complex. A knowledgeable dog bite attorney can:
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Evaluate your case under both legal theories
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Advise you on the best path to compensation
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Help you gather key evidence
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Represent you in negotiations or court
File a Lawsuit, If Necessary
If a fair settlement can’t be reached, your attorney can file a lawsuit and pursue both strict liability and negligence claims under the new legal standards. The dual-track approach significantly improves your chances of a favorable outcome.
How Friedman & Ranzenhofer, PC Can Help You with a Dog Bite Case in Rochester
At Friedman & Ranzenhofer, PC, we’re fully prepared to help clients leverage the new rights provided by Flanders v. Goodfellow. Here’s how we assist:
Legal Guidance
We assess your case and advise whether you can pursue negligence, strict liability, or both.
Thorough Investigation
We gather critical evidence and investigate prior incidents, potential ordinance violations, and owner negligence.
Building a Strong Case
We build compelling arguments under both theories of liability—strengthening your position for negotiations or trial.
Expert and Witness Testimony
When needed, we bring in professionals to help prove negligence or demonstrate the extent of your injuries.
Negotiations and Settlements
We negotiate aggressively with insurers, fighting for maximum compensation.
Litigation Support
If necessary, we’ll take your case to court and present a clear, compelling case under New York’s updated laws.
The Flanders v. Goodfellow ruling is a turning point in New York dog bite law. You no longer need to prove a dog’s past aggression to hold the owner accountable. Now, if they failed to take reasonable precautions, they can be found negligent.
If you’ve been injured by a dog in Rochester, contact Friedman & Ranzenhofer, PC today. We’ll help you understand your rights and pursue the compensation you deserve under the expanded legal protections.