Neal Caffrey

New York

New York Dog Bite Settlement Calculator & Compensation

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

Total Economic Damages $0
Pain & Suffering $0
Total Estimated Settlement $0
This calculator provides a rough estimate for educational purposes only. It is not legal advice. Estimate is based on New York’s “One-Bite” (negligence) rule for pain & suffering and “Pure Comparative Fault” (CPLR 1411). Consult a qualified attorney.

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:

  1. 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).
    If there’s no proof of negligence or a prior incident, only economic damages can be claimed—not pain and suffering.

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:

FactorExample InputImpact
Dog’s prior historyOne prior bite+0.6 multiplier
Owner negligenceOff-leash violation+0.3 multiplier
Victim8-year-old child+0.1 multiplier
LocationPublic parkNo fault
ProvocationNoneNo reduction
Bite severityLevel 4 (deep punctures)4.0 multiplier
Injury siteFace/neck+0.8 multiplier
Permanent scarringYes+0.6 multiplier
Medical expenses$15,000 totalBase 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:

  1. Comparative Fault
    Your share of fault—say, 25%—directly cuts your settlement by that amount.
  2. 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.