A woman who called her dog across a road in Central Park just as a cyclist was approaching, causing the cyclist to collide with the dog, cannot be liable for the cyclist’s injury because she did not know that her dog had a "propensity to interfere with traffic," a divided state appeals court has ruled.
The 4-1 Appellate Division, First Department, panel ruled on April 16 in Doerr v. Goldsmith, 103840/10, that no remedy was available to the cyclist because New York precedent only holds owners liable for injuries caused by their pets if they knew or should have known about their "vicious propensities."
