Waldman v. Sangiray

OPINION OF THE COURT

Leonard D. Steinman, J.

“Barking and running around are what dogs do.” So observed the Court of Appeals in Collier v Zambito (1 NY3d 444, 447 [2004]). Such behavior, consistent with normal canine activity, is not threatening or menacing and does not reflect a proclivity to act in a way that puts others at risk of harm. (Id.) But what about jumping up on people? As many puppy owners will attest, dogs are inclined to do that too. Is this type of behavior evidence of “a vicious” propensity sufficient to hold a dog owner strictly liable for any injury that might result? That is…