A judge in Brooklyn has decided to stick to an old rule governing compensation for injuries caused by pet dogs, despite indications from the Court of Appeals that the legal standard for dog owners’ liability may be changing.
Brooklyn Supreme Court Justice David Schmidt (See Profile) ruled that while the injuries suffered by Maryann Cappellino were “terribly unfortunate,” her action against the owners of the dogs who hurt her must be dismissed because the dogs did not previously display the “vicious propensities” that courts have long used as a standard for liability [see Bard v. Jahnke, 6 NY3d 592 (2006)].
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