New York State has a 188-year-old policy that refuses to recognize common-law negligence as it relates to personal injury cases involving domestic animals. Rather, New York imposes strict liability for any injury caused by a domestic animal, but only if the animal’s owner had knowledge of the animal’s vicious propensities

In the recent case Napolitano v. Alshaebi, the owner of a Brooklyn bodega where an allegedly “ferocious feline” attacked a customer was granted summary judgment because there was no proof that he was aware of the cat’s vicious tendencies. Specifically, the plaintiff in this case had entered the bodega with her miniature schnauzer to buy a newspaper. After paying the clerk, she noticed a “large, grey, opossum-like cat” emerge from one of the shelves. The cat swatted at the plaintiff’s dog, and as the plaintiff bent down to scoop up her dog, the “ferocious feline” attacked her right leg injuring her calf. Significantly, the bodega owner testified at his deposition that he did not own, harbor, or even see the cat prior to this incident. However, plaintiff submitted a document showing a handwritten note by the owner that stated the cat “came with the store.”

The Court reasoned that although the plaintiff had arguably raised an issue of fact regarding whether the owner “harbored” the cat, “she offered no evidence demonstrating that the cat exhibited a proclivity to act in a way that puts others at risk of harm.” Consequently, the Court granted the bodega owner’s motion for summary judgment and dismissed the complaint.

Although critics have complained that New York’s rule basically gives animals “one free bite” before an owner is held liable, the law has remained unchanged. If you live in and around the New York City area, chances are that you have walked into a bodega and seen a cat stretched across the floor. Even though most of us do not associate cats with “violent propensities,” you may want to think twice before bending down to pet a cat in a bodega, lest you encounter another “ferocious feline.”

Thanks to Jeremy Seeman for his contribution to this post. For more information, please contact Nicole Y. Brown at .