New York Court of Appeals Roundup: Court Overrules Bard and Restores Negligence Liability for Domestic Animal Attacks
05.27.25
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In their column in the New York Law Journal, Litigation Partners Bill Russell and Linton Mann III analyzed the recent Court of Appeals decision in Flanders v. Goodfellow. In the landmark decision, the Court reinstated both strict liability and negligence claims for a postal worker injured by a dog. In doing so, the Court overruled nearly two decades of precedent established by Bard v. Jahnke, which had barred common-law negligence liability in such cases and limited plaintiffs to claims under strict liability theories of recovery. The decision significantly reshaped the legal framework governing liability for injuries caused by domestic animals, reflecting a broader commitment to aligning New York tort law with principles of fairness, foreseeability and the Restatement (Second) of Torts.
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