Dog Case Heading to NY’s Top Court – New York Personal Injury Law Blog

good dog: blogger Eric Turkewitz's pooch

A new First Department Appellate Division case appears to be poised to bring an end to the antique rule that immunizes owners who are careless in the control of a dog. - GWC
Dog Case Heading to NY’s Top Court – New York Personal Injury Law Blog:
by Eric Turkewitz;

 "Earlier this year I wrote about a change under hoof in New York about animals causing injury. It has long been held that animal owners could only be liable for their animals’ acts if there was a “known vicious propensity,” that being some type of aggressive or threatening behavior. Hence the phrase, “every dog gets one free bite.” Under those circumstances the owner was strictly liable for injuries, and there was no cause of action for negligence. But the Court of Appeals cracked that door open earlier this year in Hastings v. Suave, holding in a case where a cow wandered through a poorly kept fence into a road where it was hit, that a cause of action could exist for negligence. This had nothing at all to do with the animal’s viciousness or not, but was solely based on the conduct of the owner."

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