Injury Caused by Dog’s Rambunctious Behavior Not Actionable

Plaintiff was injured when a dog, Heidi, jumped off a hammock causing plaintiff to fall from the hammock.  In affirming the grant of summary judgment to the defendant, the Third Department explained the relevant strict liability criteria (no negligence cause of action lies for injuries caused by a dog):

There is no cause of action in negligence as against the owner of a dog who causes injury, but one may assert a claim in strict liability against a dog owner for harm caused by the dog’s vicious propensities when the owner knew or should have known of those propensities … . A vicious propensity in this context need not involve any ferocious or aggressive behavior, but has instead been defined as “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” … . However, “normal canine behavior” does not establish vicious propensities, and “rambunctious behavior will show awareness of a vicious propensity only if it is the very behavior that resulted in [a] plaintiff’s injury” … . Clark v Heaps, 2014 NY Slip Op 07239, 3rd Dept 10-23-14