The ruling could open the door to more lawsuits and higher insurance claims
of ConsumerAffairsMay 6, 2025
-
The New York Court of Appeals has ruled that domestic animal owners can now face negligence claims, broadening liability beyond the long-standing strict liability standard.
-
The ruling stems from a case involving a postal worker attacked by a dog, marking a significant shift in legal protections for injured parties.
-
Legal experts warn the decision could trigger more lawsuits and higher insurance claims, with wider implications for landlords, tenants, and business owners.
Dog owners and their insurers in New York face new legal risks following a pivotal ruling from the state’s highest court. The New York Court of Appeals has declared that injured parties can now sue domestic animal owners under both strict liability and ordinary negligence a sharp departure from precedent.
The decision arose from the case of Rebecca Flanders, a postal worker bitten by a 70-pound dog while delivering a package. Previously, New York law only allowed lawsuits if an animal was known to have “vicious propensities.” Lower courts dismissed Flanders’ negligence claim under this rule, but the Court of Appeals reversed that decision, overruling its earlierprecedent.
This ruling brings dog owners in line with broader tort law principles requiring reasonable care to prevent foreseeable harm, the court wrote, emphasizing that ordinary negligence standards now apply alongside strict liability.
Legal analysts expect the ruling to open the floodgates for more claims, even when animals lack a history of aggression.
Insurance companies are bracing for a potential surge in claims and payouts, which already reached $1.6 billion in 2024, according to the Insurance Information Institute. With nearly 90 million dogs in U.S. households, the impact of this ruling is likely to be far-reaching.
Sign up below for The Daily Consumer, our newsletter on the latest consumer news, including recalls, scams, lawsuits and more.
.newsletter-form {
display: flex;
max-width: 400px;
margin: 20px auto;
background: #f8f9fa;
padding: 10px;
border-radius: 8px;
box-shadow: 0 4px 6px rgba(0, 0, 0, 0.1);
}
.newsletter-input {
flex: 1;
padding: 10px;
border: 1px solid #ccc;
border-radius: 5px 0 0 5px;
font-size: 16px;
outline: none;
}
.newsletter-input:focus {
border-color: #007bff;
}
.newsletter-button {
background: #2976D1;
color: white;
border: none;
padding: 10px 15px;
font-size: 16px;
border-radius: 0 5px 5px 0;
cursor: pointer;
transition: background 0.3s ease;
}
.newsletter-button:hover {
background: #0056b3;
}
#York #court #expands #liability #dog #owners