Bard v. Jahnke
New York Court of Appeals
848 N.E.2d 463 (2006)
Jahnke (defendant) let his breeding bull, Fred, roam freely in his dairy barn's "low cow district" to impregnate cows; Fred had never before threatened or injured any person or animal, and no one at the farm knew that repairman Larry Bard (plaintiff) would be present the day Fred charged and severely injured him. Bard's expert testified that breeding bulls are generally dangerous and that Jahnke should have restrained or warned about Fred. The trial court granted Bard summary judgment; the Appellate Division reversed based on Jahnke's lack of knowledge of Fred's vicious nature, and the Court of Appeals granted review.
Whether the owner of a domestic animal is liable for harm the animal causes if the owner does not know or have reason to know of the animal's vicious propensities.