New York Court of Appeals

Larry Bard v. Reinhardt Jahnke

May 2, 20066 N.Y.3d 592

Summary

The New York Court of Appeals affirmed summary judgment for the defendants, holding that an owner of a domestic animal is liable only if he knows or should have known of the animal's vicious propensities, and that the plaintiff cannot recover under a negligence theory based on the animal's ordinary characteristics. Justice Smith dissented, arguing that the Restatement rule allowing negligence liability should apply.