No Cause of Action Based Upon “Vicious Propensities” When Plaintiff Knocked Down by Playful Dog

In determining summary judgment should have been granted to the defendant dog owners, the Third Department explained the defendants had demonstrated they had no prior knowledge of the dog’s vicious propensities.  The plaintiff was injured when defendant’s dog [Delilah] bumped into her while running in play, activity the Third Department determined was “normal canine behavior” which could not be considered a vicious propensity:

It is well established that “‘the owner of a domestic animal who either knows or should have known of that animal’s vicious propensities will be held liable for the harm the animal causes as a result of those propensities'” …. As the movants, it was defendants’ burden to establish that they had no prior knowledge that Delilah had any vicious propensities …. Notably, a vicious propensity does not  necessarily have  to be  “dangerous  or ferocious” but, rather, may consist of a proclivity to act in a way that puts others at risk of harm, so long  as “‘such proclivity results in the injury giving rise to the lawsuit'” .   Nonetheless, “normal canine behavior” is insufficient to establish a vicious propensity ….  Bloom v Van Lenten, 515606, 3rd Dept, 5-16-13