If you have been attacked by a dog in Kingston, you are likely hearing a lot of confusing advice. Friends might tell you, “The dog gets one free bite,” or “You can’t sue unless the dog was known to be vicious.”
For decades, that was true. But in 2025, everything changed.
Following the paradigm-shifting ruling in Flanders v. Goodfellow, New York courts now recognize that a dog owner’s negligence is grounds for a lawsuit, regardless of the dog’s past history. And in the City of Kingston, “negligence” can be defined by a violation of our local leash laws.
The Attorneys at O’Connor & Partners have recovered Millions of Dollars for victims of dog bites. The new law makes it even easier for us to get compensation for dog-bite victims in Kingston.
If you were injured because a dog owner ignored Kingston’s strict animal control ordinances, you have a path to compensation. This guide explains how we use the Kingston City Code to build winning cases for our neighbors.
The “Old” Rule vs. The “Leash Law” Violation
The Old Way: Strict Liability
Under the old rules, you had to prove the dog had “vicious propensities” (like a prior bite) to recover damages for pain and suffering. If a friendly dog suddenly snapped, the owner often walked away free. Worse yet, if the owner lied about the dog’s history, it would be difficult if not impossible to prove them wrong.
The New Way: Negligence
Today, we us all evidence that the owner failed to reasonably control their dog. One of our best tools are violations of the law. If a dog owner violates a city safety ordinance—like the leash law—and that violation leads to your injury, that is evidence of negligence.
Why this matters: You don’t need to interview neighbors to find out if the dog bit someone five years ago. You only need to prove the owner broke the leash law at the moment you were bitten.
Kingston City Code § 151-2: The “8-Foot Rule”
Many dog owners in Uptown and the Stockade District believe they are following the law because their dog is on a retractable leash. They are often wrong.
Kingston City Code § 151-2 is very specific. It defines a dog as “running at large” (which is illegal) unless it is:
“…under his control by a leash or other restraining device, not exceeding eight feet in length…”
The Retractable Leash Trap
Standard retractable leashes often extend to 16, 20, or even 26 feet. If you were bitten by a dog that lunged at you from 15 feet away, leashed or not, the owner was violating the law.
- The Argument: By using a leash longer than 8 feet, the owner failed to maintain the legal standard of control required by the City of Kingston. This statutory violation is a “proximate cause” of your injury.
- The Result: We can pursue a negligence claim against their homeowner’s insurance, regardless of what the owner is willing to admit about the dog’s history.
High-Risk Zones: Forsyth Park, The Nature Center, and Midtown.
We see a high volume of injuries occurring in “confusion zones”—areas where owners mistakenly think leash laws don’t apply.
1. Forsyth Park vs. The Dog Park
The new Forsyth Park Dog Park allows off-leash play, but only inside the fenced enclosure.
- The Violation: Many owners unleash their dogs in the parking lot (near Dietz Stadium) or on the walk up to the gate. This is illegal. The area outside the fence is subject to the § 151-2 Leash Law. If you are attacked in the parking lot, the owner is liable.
- Nature Center Rules: Pets are strictly prohibited inside the Forsyth Nature Center facility. If an owner brings a dog in and it bites a child, they are violating park rules, which strengthens your case.
2. The “Door Dash” in Midtown
In the dense neighborhoods of Midtown Kingston (Broadway, Franklin St.), many bites occur when a dog charges through an unlatched screen door. Even when a dog doesn’t need to be leashed, by law, it’s owner must still make sure that it is properly contained to not cause injury.
- Code § 151-22 (Suitable Enclosure): Owners are legally required to maintain “suitable gates, screening, fencing, locks and/or latches” so an animal cannot escape.
- Liability: If a screen door was flimsy or a fence was rotted, the owner violated § 151-22. We use this code violation to prove they failed to secure their property, making them responsible for your medical bills and scarring.
A Critical Alert for Postal Workers (USPS)
New York consistently ranks in the top 5 states for dog attacks on postal workers, with over 320 incidents last year alone.
If you are a carrier delivering in Kingston, you need to know:
Postal Carriers are at Increased Risk of Attack: When you enter a dog owner’s property to deliver their mail or a package, you are not breaking the law. Owners must take all reasonable steps to ensure that you are safe on their property, including containing the dogs in a way that protects you from harm.
The “Third-Party” Claim: Workers’ Comp is not enough. While comp insurance may pay your medical bills, it pays $0 for your pain, suffering, and facial scarring. To get paid for the trauma, you must file a Personal Injury Lawsuit against the dog owner.
Why Local Knowledge Matters
National “1-800” firms don’t know the Kingston City Code. They don’t know that HealthAlliance Hospital on Mary’s Avenue is now a Level III Trauma Center. They don’t know that if your injuries are particularly severe, you may be transferred to Westchester Medical Center for facial surgery.
At O’Connor & Partners, we work on Wall Street in Kingston. We know the local laws, the local courts, and how to use them to win.
Do You Have a Case?
If you were bitten and you suspect the owner was violating the leash law:
- Call Us: We are available 24/7.
- Don’t Sign Anything: Insurance adjusters will try to offer you a small check before you know the full extent of your scarring.
- We Fight for You: We have secured multi-million dollar verdicts for injury victims in the Hudson Valley.
O’Connor & Partners, PLLC ? 255 Wall Street, Kingston, NY 12401 (845) 303-8777 No Fee Unless We Win.