New York Court of Appeals
Wolfgang Doerr, Respondent v. Daniel Goldsmith, Defendant, and Julie Smith, Appellant; Cheryl Dobinski, Appellant…
June 9, 201525 N.Y.3d 1114
Summary
The Court affirmed that the Bard rule bars negligence claims against owners of domestic pets and requires proof of a vicious propensity for strict liability, granting summary judgment for the defendants in Doerr and affirming the appellate court’s summary judgment in Dobinski. The Court also rejected plaintiffs' proposals to extend the Hastings exception to pets. Justice Fahey dissented, arguing Bard should be overruled, while Justice Abdus‑Salaam concurred with the majority.