Summary
This New York Court of Appeals decision addresses a postal worker's lawsuit against dog owners after she was bitten while delivering a package. The court reversed the lower courts' grant of summary judgment, finding a triable issue of fact regarding whether the owners had constructive knowledge of the dog's vicious propensities for strict liability purposes. Additionally, the court overruled its prior precedent in Bard v. Jahnke, thereby reinstating the plaintiff's common-law negligence cause of action against domestic animal owners.
Topics
Practice areas
Questions Presented
- Whether the Goodfellows had constructive knowledge of their dog’s vicious propensity sufficient to preclude summary judgment on the strict liability claim
- Whether Bard v. Jahnke’s bar on negligence liability for domestic animal injuries should be overruled
Holdings
- The record creates a triable issue of fact as to whether the Goodfellows had constructive knowledge; summary judgment is improper and the strict liability claim is reinstated.
- Bard v. Jahnke is overruled to the extent it bars negligence liability for injuries caused by domestic animals; the negligence cause of action is reinstated.
Key quotations
“We conclude that there is a triable issue of fact as to whether the Goodfellows had constructive knowledge of their dog's propensity to bite.” (44 N.Y.3d at 59)
“We therefore overrule Bard to the extent that it bars negligence liability for harm caused by domestic animals, and reinstate Flanders's negligence cause of action.” (44 N.Y.3d at 68)
Factual background
Postal carrier Rebecca Flanders was bitten by the Goodfellows' dog while delivering mail. The dog had a history of growling, snapping, and biting windows, witnessed by other postal workers. The Goodfellows claimed they had no knowledge of the dog's aggressive behavior.
Procedural history
The Supreme Court, Onondaga County granted summary judgment to the Goodfellows, dismissing both strict liability and negligence claims. The Appellate Division affirmed. The Court of Appeals reviewed and reversed, reinstating the strict liability claim and overruling Bard v. Jahnke to allow the negligence claim.