Wolfgang Doerr v. Daniel Goldsmith / Cheryl Dobinski v. George O. Lockhart

(dissenting) In 2006, in Bard v Jahnke (6 NY3d 592 [2006]), this Court revised tort law in New York by holding that injuries caused by a domestic animal are not actionable on a negligence theory. I believe that Bard was wrongly decided and I would overrule it. In departing from a recent precedent it is important to answer the question: why change? Bard conflicts with prior, more coherent and sound doctrine. It invites many questions, and has provoked a demand for the creation of ad hoc exceptions, making a compelling justification for overruling it. I would take that step now and declare that…