Dog Bite Statute of Limitations in New York

Last verified 2026-07 · Source: CPLR § 214(5) ✓ verified · 3 sources

The deadline

3 years

from Date of the dog bite injury, under CPLR § 214(5).

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Under CPLR § 214(5), you have 3 years from Date of the dog bite injury to file a dog bite lawsuit in New York. Miss it and you lose the right to sue — but several New York-specific exceptions can extend (or shorten) that window, detailed below.

New York Deadlines for Related Claims

When the Clock Starts

In New York, the limitations period for dog bite injury claims generally begins on Date of the dog bite injury. New York does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

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Exceptions That Can Extend the Deadline

New York uses modified one-bite rule; strict liability under Agriculture & Markets Law § 123 requires prior dangerous dog adjudication. 3-year SOL under CPLR § 214(5).

Source: CPLR § 214(5), official New York statute · verified 2026-07

What to Do Before the Deadline Runs

  1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
  2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
  3. Send preservation/notice letters where required (especially for New York government defendants).
  4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How New York Compares to Nearby States

Frequently Asked Questions

How long do I have to file a dog bite lawsuit in New York?

You have 3 years from Date of the dog bite injury, under CPLR § 214(5).

Can I still sue after 3 years in New York?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

What if the victim was a minor?

New York generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.

Is the deadline different for claims against the government?

Notice of Claim must be filed within 90 days under NY GML § 50-e; lawsuit within 1 year 90 days under GML § 50-i

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Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed New York attorney.