New York Court of Appeals

Flanders v. Goodfellow

April 17, 20252025 NY Slip Op 02261

Summary

The Court of Appeals held that evidence of the dog's aggressive conduct created a triable issue as to whether the owners had constructive knowledge of its vicious propensity, requiring reinstatement of the strict-liability claim. The Court overruled the rule barring negligence claims for harm caused by domestic animals and held that ordinary negligence principles may provide an alternative theory of liability. Because the lower courts had not considered whether the evidence supported negligence under that standard, the negligence claim was reinstated for further proceedings.