Since 2006, victims of animal-related injuries in New York State could not sue the animal’s owners for negligence. However, the law has recently changed and they now can.
In a landmark ruling, on April 18, 2025, in Flanders v. Goodfellow, 2025 N.Y. LEXIS 505, 2025 NY Slip Op 02261 (2025), the NYS Court of Appeals unanimously overturned the precedent case Bard v. Jahnke, 6 N.Y.3d 592, 848 N.E.2d 43, 815 N.Y.S.2d 16 (2006), which prohibited victims of animal-related injury, even fatality, from pursuing a negligence cause of action against the animal’s owner.
The 2006 decision held that there can be no common law negligence liability when a domestic animal causes harm, unless the animal exhibited similar behavior in the past and the owner had actual or constructive knowledge of their animal’s vicious propensities.
However, after 19 years, the Court of Appeals ruled in Flanders v. Goodfellow that “experience has shown that this rule is in tension with ordinary tort principles, unworkable, and, in some circumstances, unfair.” As such, the Court overruled Bard v. Jahnke to the extent that it barred negligence liability for harm caused by domestic animals.
Beginning April 18, 2025, people injured by an animal, whether by a bite or the animal’s behavior, can now pursue claims against the animal’s owner in two ways:
- If the owner knew, or should have known, the domestic animal had vicious propensities an injured person can seek to hold the owner strictly liable;
- If the owner was negligent by failing to exercise due care under the circumstances an injured person can make a negligence claim.
In fact, it is best to assert both theories of liability when a person is injured due to an animal.
For any questions or assistance, contact us.
Lori A. La Salvia is an associate in VMM’s Personal Injury practice. She focuses on plaintiff litigation involving motor vehicle accidents, construction accidents, premises accidents, slip & falls, and other types of injuries and damages. She can be reached at llasalvia@vmmlegal.com and 516.437.4385 x128.
