Legal Opinion

Scavetta v. Wechsler

Appellate Division of the Supreme Court of the State of New York

Decided March 16, 2017No. 155262/14 2235PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Acosta, J.P.

The primary question raised in this appeal is whether a negligence claim may be asserted against a defendant who attached a dog’s leash to an unsecured bicycle rack, which was put into motion when the dog dragged it through the streets and into the plaintiff, causing injury. We answer in the negative, on constraint of the Court of Appeals’ Bard rule that “ ‘[w]hen harm is caused by a domestic animal, its owner’s liability is determined solely by application of the rule’ ... of strict liability for harm caused by a domestic animal whose owner knows or should…

2Cases cited7 opinions

  1. Collier v. ZambitoNew York Court of Appeals · 2004
  2. Bard v. JahnkeNew York Court of Appeals · 2006
  3. Petrone v. FernandezNew York Court of Appeals · 2009
  4. Hastings v. SauveNew York Court of Appeals · 2013
  5. Wolfgang Doerr v. Daniel Goldsmith / Cheryl Dobinski v. George O. LockhartNew York Court of Appeals · 2015

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3Cited by6 opinions

  1. Flanders v. GoodfellowNew York Court of Appeals · 2025
  2. Flanders v. GoodfellowNew York Court of Appeals · 2025
  3. DeCollibus v. SchimmelAppellate Division of the Supreme Court of the State of New York · 2023
  4. DeCollibus v. SchimmelAppellate Division of the Supreme Court of the State of New York · 2023
  5. Hewitt v. Palmer Veterinary Clinic, PCAppellate Division of the Supreme Court of the State of New York · 2018

1 more not listed; retrieve them via the Exa API.

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