New York

We all recently read the misadventures of Larry Bard and Fred the hornless dairy bull in Bard v. Jahnke.  In Bard, the New York Court of Appeals followed the common law rule:  the owner of a domestic animal who either knows or should have known of that animal's vicious propensities will be held strictly liable for the harm the animal causes as a result of those propensities.  Vicious propensities include the propensity to do any act that might endanger the safety of the persons and property of others in a given situation.

Next Session, the Court will hear oral arguments regarding a glean on the vicious propensity rule in Bernstein v. Penny Whistle Toys, Inc.  In Bernstein, a young child was bit by a shop owner's dog while the young child, her friend, and her friend's mother were present in a toy store.  The novel issue is whether shop owners in addition to the legal obligations of a dog owner should be held to the standard of care imposed by the law of premises liability -- i.e., to maintain their premises in a reasonably safe condition in view of the circumstances.

The Majority in the Appellate Division, First Department applied Bard and held no triable issue of fact existed.  Justices Mazzarelli and Saxe dissented, raising the additional duty applied to shop owners.

New York Civil Law will keep you apprised of the Court's decision when it is handed down.