You are here: / / Question of Fact Raised About Defendant’s Knowledge of Horse’s Vicious Pro...

Question of Fact Raised About Defendant’s Knowledge of Horse’s Vicious Propensities

The Third Department affirmed the denial of summary judgment in a case where plaintiff was injured by defendant’s horse.  Plaintiff was knocked unconscious when defendant’s horse “head swatted” him.  The Third Department determined the deposition testimony of a neighbor raised a question of fact about whether defendant was aware of the horse’s aggressive behavior.  The Third Department explained the relevant legal principles as follows:

As a general rule, an owner of a domestic animal  will only be  held  strictly liable for the  harm  caused  by such animal if he or she “‘knows or should have known of that animal’s vicious propensities'”  Therefore, on his motion for summary judgment, defendant bore the initial burden of establishing that he had no prior knowledge that [his horse] had any vicious propensity ….  It is now well established that a vicious propensity is “the propensity to do any act that might endanger the safety of the persons and property of others in a given situation” …, and includes behavior that would  not necessarily be  considered  dangerous  or ferocious if those behaviors reflect a “‘proclivity to act in a way that puts others at risk of harm'” … However, normal  or typical equine behavior is  insufficient  to  establish  a  vicious  propensity … . Carey… v Schwab, 516021, 3rd Dept 7-18-13

 

You might also like
EVIDENCE WAS SUFFICIENT TO SUPPORT THE JURY’S FINDING PLAINTIFF’S HEAD INJURY WAS A SERIOUS INJURY WITHIN THE MEANING OF INSURANCE LAW 5102, SUPREME COURT REVERSED.
Inmate’s FOIL Request for Prison Directive Should Have Been Granted
SELLERS STRUCTURED THEIR OFFER TO SELL PROPERTY WITH THE INTENT TO DEPRIVE PLAINTIFF OF HIS RIGHT OF FIRST REFUSAL, SELLERS EXHIBITED BAD FAITH AS A MATTER OF LAW, SUPREME COURT REVERSED (THIRD DEPT). ​
PLAINTIFF, A LANDSCAPING CONTRACTOR, DID YARD WORK FOR DEFENDANT HOMEOWNER, INCLUDING SPREADING MULCH AND USING HIS OWN LADDER TO TRIM A TREE; PLAINTIFF POSITIONED THE LADDER ON THE MULCH; THE LADDER FELL OVER WHEN PLAINTIFF WAS STANDING ON IT; DEFENDANT HOMEOWNER DID NOT CREATE OR HAVE NOTICE OF THE DANGEROUS CONDITION (THE MULCH) AND DID NOT SUPERVISE OR DIRECT PLAINTIFF’S TREE-TRIMMING WORK; DEFENDANT’S SUMMARY JUDGMENT MOTION SHOULD HAVE BEEN GRANTED (THIRD DEPT).
DEFENDANT PROPERTY OWNER DID NOT DEMONSTRATE WHEN THE AREA WHERE PLAINTIFF SLIPPED AND FELL WAS LAST INSPECTED PRIOR TO FALL; THEREFORE DEFENDANT DID NOT DEMONSTRATE IT DID NOT HAVE CONSTRUCTIVE NOTICE OF THE DEFECTIVE CONDITION (THIRD DEPT). ​
Home Attendant for Elderly Injured Walking from One Client’s Home to Another Was Covered by Workers’ Compensation
THE COLLECTIVE BARGAINING AGREEMENT DID NOT ALLOW THE AWARD OF BACK PAY TO AN EMPLOYEE WHO FACED DISCIPLINARY ACTION RELATING TO A CRIMINAL OFFENSE BUT WAS ULTIMATELY ACQUITTED AFTER TRIAL; THEREFORE THE ARBITRATOR EXCEEDED HIS AUTHORITY (THIRD DEPT).
Defendant Failed to Prove Three Elements of Adverse Possession

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Guidelines With Pre-Authorized Specific Procedure List for Medical Tests and... Release Precluded Civil Rights Action; No Showing Release Signed Under Duress;...