Like police officers, police dogs are there to protect and serve. While well-trained, police dogs can still make mistakes. They might bite the wrong person or continue attacking after a suspect is subdued. This can result in personal injury. If an attack like this happens, the government could be held responsible for the dog’s actions.

Who’s to Blame When a Police Dog Attacks?

When Are the Police Liable?

Liability depends on the situation. If an innocent bystander was attacked by the dog, the police would be liable. If the dog was meant to target someone else instead but attacked you, the police are still liable.

The police aren’t liable in several situations. Their dogs are allowed to bite when defending other officers or citizens while investigating a crime, or in apprehending a suspect—even if it results in the suspect being injured.

However, suspects still have their rights. In some cases, police dogs use excessive force unnecessarily. Police dogs can’t continue to attack a suspect after subduing them. They can’t attack a suspect who wasn’t threatening, wasn't armed or wasn’t evading arrest. Officers can't encourage the dog to continue attacking after subduing a suspect. If they do, it's also considered excessive force.

Can You Sue the Government?

The police are extensions of the government. They can be sued through the New York Court of Claims Act. There are two types of personal injury claims—negligent and intentional. In personal injury cases, the government is often sued for negligence.

For a personal injury case to be heard in the New York Court of Claims, the claim must be filed within 90 days of the incident. Consult with an attorney as soon after the dog bite occurs.

To win your personal injury case, your attorney has to prove the government was at fault. It must be established that the state owed you “reasonable care.” If the dog incorrectly targeted you, the state owed you safety from being attacked. If you were the dog’s intended target, the state is supposed to protect you from unnecessary excessive force. Next, your attorney has to prove the police breached the duty, which caused the injuries.

If your claim succeeds, the government will compensate you. The amount differs from case to case. The damages are calculated by considering your medical bills, lost wages, and pain and suffering caused by the injury.   

If you’ve experienced a dog bite, you need an attorney who will hold the responsible party accountable. Neimark & Neimark have over 40 years of experience in personal injury cases. In that time, they've helped their clients recover millions of dollars in damages. Located in New City, NY, their expert litigators are unafraid to go to trial. They're available by phone 24/7. Call them at for assistance or a free consultation at (888) 725-7424. For more information on their services, visit their website.