New Yorkers own hundreds of thousands of cats, dogs, farm
animals and other pets. Thus, it is not surprising that
accidents and injuries caused by animals are a fertile source of
litigation. Several recent examples follow.
Thompson v. Brown, 2018 NY Slip Op
08736, App. Div. 3rd Dept. (December 20, 2018)
In an action for negligence arising out of the escape of a bull
owned by defendants, Supreme Court granted plaintiff's motion
to the extent of finding that plaintiff sustained a serious injury
within the meaning of the insurance law.
As to liability, the Appellate
Division held that:
Turning first to the issue of defendants' liability, "a
landowner or the owner of an animal may be liable under ordinary
tort-law principles when a farm animal . . . is negligently allowed
to stray from the property on which the animal is
kept"...Defendant Douglas O. Brown, the farm owner, testified
at his deposition that the cows were tied and secured with a hemp
collar.
