In Flanders v Goodfellow, 2025 NY Slip Op 02261 (Ct App Apr. 17, 2025) New York’s Court of Appeals held that plaintiffs are permitted to bring common law negligence claims for personal injuries caused by a domestic animal. In doing so, the Court of Appeal overruled precedent established in Bard v Jahnke, 6 N.Y.3d 592 (2006), “which held that there can be no common-law negligence liability when a domestic animal causes harm.” Id. Thus, if a defendant owner knew or should have known the animal had vicious propensities, a plaintiff may seek to hold them strictly liable. In addition, under Flanders, a plaintiff can also rely upon the rules of ordinary negligence and seek to prove that the defendant failed to exercise due care under the circumstances that caused their injuries.
