Court of Appeals Update – April 2025: Expanded Animal-Owner Liability
- Reza Yassi
- Jun 4
- 2 min read
Updated: 7 days ago
Quick Answer
The Court brought back both strict-liability and negligence claims for a postal worker who got bitten by a dog, and basically said pet owners now have a much broader responsibility to prevent foreseeable harm.
Decision at a Glance
Decision: Rebecca M. Flanders v. Stephen F. Goodfellow — Court of Appeals — 2025 NY Slip Op 02261 — Decided April 17, 2025
Facts: Mail carrier Flanders got sued after the Goodfellows' dog attacked her during her delivery route. The dog came out of nowhere and caused serious shoulder injuries that required surgery.
Procedural Posture: Trial courts originally dismissed everything—tossing out both the strict-liability and negligence claims.
Holding: Court said “not so fast” and reversed the whole thing.
Strict Liability: Revived based on evidence the dog had vicious propensities.
Negligence: Brought back to allow proof of unreasonable conduct even without a prior bite history.
Full Opinion: Read the full opinion here
Why This Case Matters
This decision basically kills off New York’s old-school “one-bite rule” approach for negligence claims, aligning the state with modern standards seen in most other states. Pet owners can no longer wait for their dog to actually bite someone—they must take proactive steps to prevent foreseeable harm.
Client Question
“My neighbor’s huge dog is always lunging at people who walk by. If I get hurt, can I actually sue them even though the dog hasn’t technically bitten anyone yet?”
Your Answer
Absolutely. Thanks to Flanders, you can sue for negligence if you can show the owner didn’t take basic reasonable steps—like using a decent leash or fixing their broken gate—to prevent something that was obviously going to happen eventually. You might also have a strict-liability case if you can prove the owner knew or should have known their dog was dangerous.
FAQs
Does "strict liability" mean I need proof of a previous bite?
Nope. Other aggressive behavior works too—like constantly barking aggressively or lunging at people.
What exactly counts as "reasonable steps" for negligence?
Can I get money for emotional distress?
Action Steps & Key Takeaways
Document everything when you see aggressive animal behavior (photos, videos, witness statements).
Get medical attention immediately if something happens and keep all records.
Report incidents to local authorities or animal control—official reports matter.
Consult a personal-injury lawyer promptly to explore your strict-liability and negligence options.
Next Steps
If you’ve been bitten or threatened by someone’s dog, start collecting evidence right now and give us a call for a free consultation to explore your legal options.
Reza Yassi, Esq.
Admitted: NY, NJ, Federal Courts
📞 (646) 992-2138 · 📧 ry@yassilaw.com · 🌐 yassilaw.com
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