Dangerous Animal

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Titlesort descending Summary
Flanders v. Goodfellow This landmark decision fundamentally reshapes New York's dog bite jurisprudence by overturning Bard v. Jahnke and reinstating negligence as a viable cause of action for injuries caused by domestic animals. The Court held that Bard's strict liability framework, which required proof of an owner's actual or constructive knowledge of a dog's vicious propensities, created an unfair exception to ordinary tort principles and had proven unworkable in practice. Recognizing that most jurisdictions permit negligence claims under Restatement (Second) of Torts §§ 509 and 518, the Court established a dual-path system: plaintiffs may now pursue either strict liability (if vicious propensities are shown) or traditional negligence claims against animal owners. The decision also reversed summary judgment on plaintiff's strict liability claim, finding triable issues regarding whether defendants should have known of their dog's aggressive tendencies based on postal workers' affidavits describing the animal's repeated violent window-banging behavior. The Court's disposition reversed the Appellate Division's order and denied defendants' motion for summary judgment in its entirety, reinstating both causes of action.
Flikshtein v. City of New York


The New York appellate court held that the dangerousness or viciousness of plaintiff’s pet monkey was irrelevant, and that the city could remove the monkey regardless of its benevolent behavior.
French and Spanish Animal Laws
GA - Avondale Estates - Chapter 1: General Provisions & Chapter 4: Animals and Fowl


In Avondale Estates, Georgia, animal fighting is not only prohibited by ordinance, but an animal trained for fighting is also considered a public nuisance, and an abused and dangerous animal. This ordinance provides provisions for each of the respective categories, as well as penalties for the violations. Notably, the city will not respond to a citizen's compliant about a violation of this chapter if the citizen chooses to remain anonymous.
GA - Bite - § 51-2-6. Dogs, liability of owner or keeper for injuries to livestock This Georgia statute represents the state's relevant dog bite strict liability law. While the law imposes strict liability for injury to a person, the dog (or other animal) must first be considered "vicious" or "dangerous," which can be as simple as showing the animal was required to be leashed per city ordinance. Second, the animal must be at large by the careless management of the owner. Finally, the person injured must not have provoked the animal into attacking him or her.
Gallick v. Barto


In this Pennsylvania case, the parents of a 7-month old child sued the landlords of tenants who owned a ferret that bit the child on the face causing injury. The court stated that the resolution of this motion for summary judgment depended first on whether the ferret is deemed a wild animal. In ruling that the ferret is indeed a wild animal, the court noted that ferrets have been known to return to a feral state upon escaping and people have kept ferrets as house pets only in recent years. In Pennsylvania, the general rule is that a landlord out of possession is not liable for injuries caused by animals kept by tenants when the tenant has exclusive control of the premises except where the landlord has knowledge of the presence of the dangerous animal and where he or she has the right to control or remove the animal by retaking possession of the premises. The court found that since a ferret is a wild animal, the landlords were aware of the presence of the ferret, and plaintiffs may be able to prove that the landlords had the ability to exercise control over the premises prior to the incident, the landlords may be held liable under a theory of negligence. The motion for summary judgment was denied.
Galloway v. Kuhl


Motorist injured when cattle strayed onto highway in violation of state law.  The lower court allowed the defendant's to assert the affirmative defense of comparative negligence, reducing Motorists damages, but the jury still found in favor of the Motorist.  Both sides appealed, and the Court held that (a) comparative negligence affirmative defense was valid; and (b) jury's damage configuration was legally inconsistent.
Gilreath v. Smith

While pet sitting for Defendants Bruce and Jodi Smith, Plaintiff Josephine Gilreath was attacked and injured by the Smiths' rooster, which caused a serious infection with long-term consequences. Plaintiff Gilreath filed suit, but the trial court granted summary judgment in favor of the Defendants on the ground that Gilreath assumed the risk. Gilreath appealed to the Court of Appeals of Georgia. The Court of Appeals affirmed the trial court and reasoned that Gilreath assumed the risk of injury based on the state statutes of owners of land under OCGA § 51-3-1, as keepers of a vicious or dangerous animal under OCGA § 51-2-7, and as required by a Roswell city ordinance. The Court reasoned that at prior pet-sittings at the Defendants home, Gilreath had been warned that the rooster would attack and that a garbage can lid was useful for controlling the rooster. Second, Gilreath has not raised an issue of fact regarding whether the Smiths had superior knowledge of the risks associated with the danger. Gilreath, a professional pet sitter with at least nine years of experience, admitted that she had a responsibility to educate herself about the animals she takes care of yet she failed to do so for roosters. Third, Gilreath admitted that she chose to take the job knowing that she had been told that the rooster would attack. Gilreath also contends that the Smiths violated a Roswell city ordinance, but she failed to introduce a certified copy of the ordinance and thus failed to prove this claim.
Gromer v. Matchett


In this Missouri case, the defendant-farmer appeals an award of $12,250 to plaintiff-motorist, whose vehicle was struck by another vehicle after a horse coming from defendant's farm collided with the first vehicle. Defendant asserts that the Stock Law (Section 270.010) was inappropriately applied to him where he did not own the livestock (the horse) in question. Since plaintiff relied on the language of the Stock Law, which unambiguously refers only to "owners," in submitting her verdict directing instruction that allowed her to recover damages without proof of Defendant's negligence, the case must be reversed and remanded.

This cause was Ordered Transferred to Mo.S.Ct. November 16, 2010.
Gruber v. YMCA of Greater Indianapolis An eleven-year-old boy was at a YMCA camp when a pig—which had never injured anyone or exhibited any dangerous propensities—stuck its head between the bars of its pen and grabbed the boy's hand, causing injuries. The boy and his mother sued the camp, and the camp filed a motion for summary judgment. The trial court granted summary judgment in favor of the camp. On appeal, the boy and his mother asked the court to change the standard for liability of owners of domestic animals to that of strict liability when the animal was not a cat or dog. Since the Indiana Supreme Court precedent was clear that this general rule applied to all domestic animals—and not just cats and dogs—the court declined their invitation to alter the standard. The trial court's entry of summary judgment in favor of the camp was therefore affirmed.

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