Flanders v. Goodfellow
2025 NY Slip Op 02261
| NY | 2025Background
- Plaintiff Rebecca Flanders, a postal carrier, was bitten by a dog owned by Stephen and Michelle Goodfellow while delivering a package to their home.
- Flanders asserted claims for strict liability and negligence for her injuries.
- Evidence showed the dog acted aggressively towards postal workers, including barking, snarling, and slamming into windows.
- The Goodfellows maintained they were unaware of their dog's aggressive behavior; postal worker affidavits suggested otherwise.
- Lower courts granted summary judgment for the Goodfellows, dismissing both strict liability and negligence claims.
- On appeal, the Court of Appeals addressed both the standard for strict liability and whether New York should allow negligence claims for injuries caused by domestic animals, overruling precedent to do so.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Strict liability for dog bite | Goodfellows knew or should have known dog's aggressive propensities | No actual/constructive knowledge of dog’s vicious propensities | Triable issue of fact; summary judgment inappropriate |
| Negligence liability for injuries by domestic animals | Negligence liable under general tort principles for animal-induced injuries | Bard precedent bars negligence in domestic animal cases | Bard overruled; negligence claims permitted |
Key Cases Cited
- Bard v. Jahnke, 6 NY3d 592 (New York precedent barring negligence claims for harm caused by domestic animals, overruled here)
- Collier v. Zambito, 1 NY3d 444 (Strict liability standard for domestic animals with vicious propensities)
- Hastings v. Sauve, 21 NY3d 122 (Exception for wandering farm animals and negligence liability)
- Doerr v. Goldsmith, 25 NY3d 1114 (Dog bite cases and application of Hastings exception)
- Bernstein v. Penny Whistle Toys, Inc., 10 NY3d 787 (Negligence cause of action post-Bard)
- Petrone v. Fernandez, 12 NY3d 546 (Reaffirmed Bard; negligence not available after Bard)
- Hewitt v. Palmer Veterinary Clinic, 35 NY3d 541 (Veterinary clinics can be liable in negligence for animal-inflicted injuries)