Flanders v. Goodfellow
2025 NY Slip Op 02261
| NY | 2025Background
- Rebecca Flanders, a postal carrier, was bitten by a dog owned by Stephen and Michelle Goodfellow while delivering a package to their home.
- Flanders sued, asserting strict liability and negligence claims for her injuries.
- Lower courts granted summary judgment for the Goodfellows, dismissing both causes of action.
- The courts held that (1) there was no evidence the Goodfellows knew of the dog's vicious propensities (denying strict liability) and (2) negligence is not a permissible theory for domestic animal attacks under New York law (per Bard v Jahnke).
- On appeal, Flanders sought reinstatement of both causes; the Court of Appeals granted leave to consider the issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Strict liability (owner's knowledge of viciousness) | Goodfellows had or should have had constructive knowledge of the dog's dangerous behavior. | No actual or constructive knowledge of dog's viciousness; no notice of prior aggression. | Triable issue on constructive knowledge; strict liability claim reinstated. |
| Negligence liability for harm by domestic animals | New York should allow recovery for owner's negligent handling even absent knowledge of viciousness. | Bard v Jahnke bars negligence liability for animal attacks; strict liability is exclusive remedy. | Bard overruled; plaintiffs can bring negligence claims for animal-induced injuries. |
Key Cases Cited
- Bard v. Jahnke, 6 NY3d 592 (NY 2006) (previously held no negligence liability for domestic animal attacks; overruled here)
- Collier v. Zambito, 1 NY3d 444 (NY 2004) (sets out the strict liability standard for animal owners)
- Hastings v. Sauve, 21 NY3d 122 (NY 2013) (carved out a negligence exception for "wandering farm animals")
- Doerr v. Goldsmith, 25 NY3d 1114 (NY 2015) (clarified limitations of the "wandering farm animal" exception for dogs)
- Bernstein v. Penny Whistle Toys, Inc., 10 NY3d 787 (NY 2008) (reaffirmed Bard's bar against negligence liability)
- Petrone v. Fernandez, 12 NY3d 546 (NY 2009) (reiterated Bard's no negligence rule for owners)