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This past April, the New York Court of Appeals issued a decision in the case of Flanders v. Goodfellow, which dramatically changed how dog bites and other animal attack cases are handled across the State. As a result of this case, people who are injured by other people’s pets will have a significantly easier time getting compensation for the harm they have suffered. Moreover, even people with current dog bite and animal bite cases may see their situation become substantially easier to pursue.
What is Flanders v. Goodfellow?
In Flanders v. Goodfellow, a postal worker was delivering a package at the residence of the defendant, when their dog attacked the postal worker and bit them, causing significant injuries. The plaintiff then sued the dog’s owners for both strict liability and negligence, claiming the defendants should have known about the dog’s behavioral issues. While the strict liability claim was dismissed in the lower court, the bigger issue related to the negligence claim, which revolved around New York’s laws about the liability of an owner of an animal that attacks someone else.
What Was the Legal Issue Being Decided?
Under existing case law, Bard v. Jahnke (6 NY3d 592 [2006]), a plaintiff could not ordinarily recover for negligence in a dog or animal attack. The only way to obtain compensation was under strict liability, which required proving that the defendant had prior knowledge of the animal’s “vicious tendencies,” or in other words, that they knew the animal was likely to attack other people. The question before the court is whether this was an appropriate interpretation of the law.
What Did the Court of Appeals Decide?
In its decision, the Court found that the interpretation of the law preventing people from recovering for negligence in dog and animal bite cases was invalid, overturning Bard. They stated that New York law, as written, never barred people from seeking negligence claims, and it was inconsistent with the law to add this extra requirement for no reason. Thus, the negligence claim in Flanders was allowed to go forward.
Why Does This Matter?
This is a major win for people who are victims of dog bites or other animal attacks in New York, because it means they can more easily seek compensation for the harm they have suffered. No longer do they need to prove that the animal that attacked them had “vicious tendencies” or a history of violence. It also makes it easier to hold negligent pet owners accountable when they fail to properly train or control their animals and people get hurt.
If you or someone you love has suffered a dog bite, you should speak to Mack Press, the New York Dog Bite Lawyer. He is dedicated to holding negligent dog owners accountable, while protecting dogs whose only crime was having a bad owner. To learn more, contact him at 1-833-8-DOGBITE (833-836-4248) or visit his contact page.
