New York Dog Bite Settlement Calculator
Liability Factors (NY “One-Bite” & Negligence Rule)
Victim & Incident Details (Comparative Fault)
Injury Details
Economic Damages & Insurance
Estimated Settlement Value
How the New York Dog Bite Calculator Works
The calculator combines economic damages (medical bills, lost wages) and non-economic damages (pain, suffering, emotional trauma) based on state-specific legal standards. It then applies comparative fault and insurance caps to produce a practical payout estimate.
Here’s how it breaks down:
- Liability Assessment – The “One-Bite” and Negligence Rule
- The tool checks whether the dog’s owner could be held responsible under New York’s one-bite rule.
- Liability increases if:
- The dog had prior aggression (growling, snapping, biting history).
- The owner was negligent (e.g., let the dog roam off-leash, ignored leash laws, or failed to secure fencing).
Comparative Fault: How Victim Actions Affect Compensation
New York follows a pure comparative fault rule under CPLR §1411. That means your compensation can be reduced if you were partially at fault.
Example:
If the total claim is valued at $100,000 but you were 20% at fault (e.g., provoking the dog or trespassing), your award drops to $80,000.
The calculator adjusts automatically for:
- Provocation level (e.g., teasing, accidental startle)
- Trespassing or being on the owner’s property without permission
- Victim’s age (children and elderly victims often receive higher damages due to vulnerability)
Injury Severity and Pain & Suffering
The core of non-economic damages lies in bite severity and impact on life.
The calculator uses the Dunbar Bite Scale—a 6-level system ranging from mild bruises to fatal attacks. Higher severity levels multiply pain and suffering.
Key Injury Factors:
- Bite severity: from Level 1 (minor) to Level 6 (death)
- Injury location: bites on the face or neck score higher than those on limbs
- Permanent impact: disability, disfigurement, or PTSD can dramatically increase compensation
- Psychological trauma: anxiety, nightmares, or fear of dogs are included
Example:
A facial bite with permanent scarring and PTSD might have a severity multiplier up to 6x medical expenses, while a shallow bite on the arm may stay around 1.5x.
Economic Damages: The Financial Foundation
These are tangible, documented losses that the calculator sums up before adding non-economic damages.
Typical Economic Components:
- Past medical expenses: emergency care, stitches, surgery, medications
- Future medical needs: scar revision, therapy, or reconstructive surgery
- Lost wages: days or weeks missed from work
- Future earning loss: reduced ability to work due to permanent injury
- Property damage: torn clothing, broken glasses, or destroyed items
- Insurance policy limits: If the owner’s policy caps at $300,000, you can’t claim beyond that—no matter the calculated total.
Sample Calculation Scenario
Let’s take a realistic case to show how the tool estimates settlements:
| Factor | Example Input | Impact |
|---|---|---|
| Dog’s prior history | One prior bite | +0.6 multiplier |
| Owner negligence | Off-leash violation | +0.3 multiplier |
| Victim | 8-year-old child | +0.1 multiplier |
| Location | Public park | No fault |
| Provocation | None | No reduction |
| Bite severity | Level 4 (deep punctures) | 4.0 multiplier |
| Injury site | Face/neck | +0.8 multiplier |
| Permanent scarring | Yes | +0.6 multiplier |
| Medical expenses | $15,000 total | Base value |
Pain & suffering:
$15,000 × 4.0 × (1 + total multiplier of 2.4) = $216,000
Economic damages:
$15,000 + (lost wages, therapy, property) ≈ $20,000
Total before reductions:
$216,000 + $20,000 = $236,000
Final payout:
If policy limit = $200,000 → capped total = $200,000
Understanding the “One-Bite” Limitation
The calculator mirrors New York’s unique stance:
Owners aren’t automatically responsible for “pain and suffering” unless negligence or prior aggression is proven.
If no liability exists, victims can only recover:
- Medical bills
- Lost income
- Property damage
The calculator displays a warning when this rule applies, reminding users that pain and suffering are excluded.
Why Comparative Fault and Insurance Limits Matter
Two major elements reduce payouts:
- Comparative Fault
Your share of fault—say, 25%—directly cuts your settlement by that amount. - Insurance Cap
Even if your calculated damages reach $400,000, an owner’s $300,000 policy limit means you’ll receive only that much.
These rules ensure realistic estimates, not inflated figures.
Key Takeaways
- Liability matters most: Without proof of negligence, pain and suffering can’t be claimed.
- Severity drives compensation: Deeper wounds, scarring, and psychological trauma significantly raise payouts.
- Comparative fault applies: If you share blame, your compensation drops accordingly.
- Insurance limits cap payouts: Even strong claims are bounded by coverage.
- Always seek legal help: The calculator offers an estimate, not legal advice.
Why Use the New York Dog Bite Settlement Calculator
- Instant estimates: Understand your case value in minutes.
- Legal accuracy: Based on New York’s specific negligence and comparative fault laws.
- Transparency: Shows how each factor affects your payout.
- Preparedness: Helps you enter legal consultations with informed expectations.