United States

Summary: A woman fell from a horse during a riding lesson when her horse was frightened.  The woman brought claims against the riding facility and riding instructor for negligence.  The trial court granted summary judgment in favor of the defendants and the Court of Appeals affirmed reasoning horses becoming frightened is an inherent risk when riding.

Summary: A subcontractor was injured at a dairy farm he was working at when he was pinned up against a stall by a bull .  The subcontractor brought claims against the dairy farm and carpenter for negligence and strict liability.  The trial court granted summary judgment in favor of the defendants and the Court of Appeals affirmed.

Summary: Plaintiff was kicked by a horse ridden by her friend while trail riding.  Plaintiff sued the Defendant who owned the horse and trail Plaintiff was riding on.  The trial court granted summary judgment in favor of the Defendant and the Court of Appeals affirmed the decision holding Plaintiff assumed the risk.

Summary: Plaintiff was awarded $100,000 for past pain and suffering and $200,000 for future pain and suffering after she was bitten in the face by Defendant's dog.  Defendant appealed on the basis that the jury award for future pain and suffering was unreasonable compensation.  The Appellate Division of the Supreme Court modified the judgment to be $75,000 for past pain and suffering after Plaintiff stipulated to the decrease.

Summary: A son obtained a dog from defendant for his father to have as a pet.  The dog bit the father and the father sued defendant for failing to warn him of the dog's vicious propensities.  The Court held the defendant did not owe the second transferee of the dog a duty to warn and granted summary judgment in favor of defendant.

Summary: Defendant was convicted for violating the anti-cruelty statute toward animals.  On appeal, the Court held that the statute was not unconstitutionally vague when applied to defendant's crimes.  Motion denied.

Summary: This case presents the court with a novel question: Does a pet owner commit an act of cruelty, for which he or she could be prosecuted criminally, by not providing an ill pet (in this case, terminally ill) with medical care?  Defendant charged with violation of New York's anticruelty statute and moved for dismissal.  In engaging in statutory interpretation, the Court held that:  (1) provision prohibiting the deprivation of "necessary sustenance" was vague when applied to defendant, and (2) that the provision prohibiting "unjustifiably" causing pain to an animal was also vague when applied to defendant.  Motion granted.

Summary: The court held the bailee of a horse liable for failing to provide necessary sustenance to the horse, even though the owner of the horses had refused to pay for the necessary feed.  

Summary: In this New York case, a minor child was injured when he was kicked by defendant's horse while defendant was in the process of the setting up a petting zoo at a picnic. The court was posed with the question of whether limited circumstances exist to support a negligence claim where a person is injured by a domestic animal and there is no proof of the animal's vicious propensities (the pony in this case never kicked anyone or showed any vicious propensities). The court answered the question in the affirmative. Here, defendant is subject to the enhanced duty of horse owners to young children. There were triable issues of fact as to defendant's negligence in the manner in which the horses were unloaded while in the presence of children that precluded summary judgment for defendant.

Summary: In this New York case, a customer brought a negligence action against the owner of a retail store after she was allegedly attacked by a stray cat while shopping at store. The owner of the store moved for summary judgment. The Civil Court of the City of New York, Bronx County, held that a genuine issue of material fact existed as to whether the presence of a stray or feral cat in a retail store constituted a particular danger for unassuming visitors and/or customers whose presence on premises was foreseeable precluded summary judgment.