Court of Appeals Update – April 2025: Expanded Animal-Owner Liability
Updated: 3 days ago
Updated October 26, 2026
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.
Key takeaways
In New York, a person hurt by an animal can now bring a negligence claim against the owner, not only a strict-liability claim.
Strict liability still requires showing the owner knew or should have known the animal had vicious tendencies.
A dog does not have to have bitten someone before for its owner to face a claim.
If you see a dog acting aggressively, take photos or video and write down the names of witnesses.
After an attack, get medical care right away and keep every record and report.
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 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: The lower 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. In Flanders v. Goodfellow, 2025 NY Slip Op 02261 (N.Y. 2025), the Court overruled its earlier precedent to the extent it barred negligence claims against domestic-animal owners. As the Court put it, an injured person now “has a choice.” The person can seek strict liability if the owner knew or should have known of the animal’s vicious propensities, or rely on ordinary negligence rules. Pet owners can no longer wait for their dog to actually bite someone—they must take proactive steps to prevent foreseeable harm.
Courts are already applying the new rule. In LaRocca v. Lauer, 2025 NY Slip Op 04463 (2d Dep't 2025), the court agreed the strict-liability claim was properly dismissed because there was no proof the owners knew of the dog's vicious propensities. It still reinstated the negligence claim and sent the case back so the parties could litigate it on the merits. Losing on strict liability no longer has to end a dog-bite claim.
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
Yes, you may be able to. 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. A prior bite is not required. The Court of Appeals has said there “could certainly be circumstances where, although a dog has not yet bitten a person, its vicious nature is apparent.” Collier v. Zambito, 1 N.Y.3d 444 (N.Y. 2004). That same decision treats ordinary barking and running around as normal dog behavior, so the evidence needs to show more than that.
Here is what that kind of evidence can look like. In Piedimonte v. Alvarenga-Benitez, 2024 NY Slip Op 02072 (2d Dep't 2024), the owner could not get the strict-liability claim dismissed. The evidence showed the dog “regularly barked, growled, and bared his teeth, and chased children in the neighborhood,” and had bitten through the plaintiff's pant leg a month earlier.
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?
Basic common-sense precautions like:
Proper leashes
Secure fencing
Warning signs
Muzzling the dog in public
Can I get money for emotional distress?
Yes—but it must be connected to a physical injury and supported by medical documentation.
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.
Report the incident right away. Almost every storefront in the city has a security camera, and that footage is often recorded over within days or weeks. When we're contacted early, we can use preservation letters, subpoenas, and FOIL requests to get the video before it's gone.
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. Before you call, you can read how Reza Yassi handles dog bite and animal attack cases.
Reza Yassi, Esq.
📞 (646) 992-2138 · 📧 ry@yassilaw.com · 🌐 yassilaw.com
Disclaimer:
The information provided on this blog is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading or interacting with this content. You should not act or rely on any information on this site without seeking the advice of a qualified attorney licensed in your jurisdiction. Past results do not guarantee future outcomes.
.png)