How often have trial judges been confronted with a rule of law that seems out of touch with the realities of the facts before them but are “constrained” to abide by it because of certain decisions rendered by the appellate courts. Sometimes that frustration even occurs in the appellate division by the holdings of the Court of Appeals.
One such situation is the ongoing debate between the appellate divisions departments and the Court of Appeals, and within that court itself, regarding the strict liability “vicious propensities” rule with respect to injuries caused by domestic animals, as a direct result of the owner’s conduct, which prohibits recovery on the theory of negligence.
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