Practice point: New York does not recognize a common-law negligence cause of action to recover damages for injuries caused by a domestic animal. The settled law in New York is that a domestic animal's owner who either knows or should have known of the animal's vicious propensities will be held liable for the harm the animal causes as a result of those propensities.
Student note: Once this knowledge is established, the owner faces strict liability.
Case: Abrahams v. City of Mount Vernon, NY Slip Op 05699 (2d Dep't July 19, 2017)
Here is the decision.
Tomorrow's issue: An unenforceable arbitration provision.
