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Today is story time.
We’re talking about a farmer, two carpenters, and a bull—and how that unusual mix ties directly into how New York handles injuries caused by domestic animals. This episode walks through the history behind the “one-bite rule,” how Bard v. Jahnke shaped the law for two decades, and why these principles mattered so much for dog bite claims.

Important Update:
Since this podcast was originally recorded, the New York Court of Appeals issued a major decision—Flanders v. Goodfellow (2025)—which changed the legal framework for these cases.

While Bard once barred negligence claims entirely, Flanders overruled that limitation. New York now recognizes two distinct theories of liability when someone is injured by a domestic animal:

1. Strict Liability – based on the owner’s actual or constructive knowledge of a vicious propensity.
2. Negligence – based on a failure to exercise reasonable care, even without a known vicious propensity.

This episode still offers valuable context, because it explains how the old framework was built. But keep this updated legal landscape in mind as you listen.

Referenced Cases

• Bard v. Jahnke – The original “no negligence” rule for domestic animals.
• Collier v. Zambito – The modern definition of “vicious propensity” under strict liability.
• Flanders v. Goodfellow (2025) – The decision that restored negligence as a viable cause of action in New York for animal-related injuries.

Learn More

• Auten Claims Management – Liability investigations done the right way.
• CMR Consulting – Industry-focused training and thought leadership from Chantal Roberts.
• Art of Adjusting® – Chantal’s essential book for adjusters who want to elevate their craft.

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If you're exploring a career in liability adjusting—or you need reliable investigation services—visit Auten Claims Management for more information.

For more about Chantal Roberts and her work in the industry, visit CMR Consulting.

For more insights, you might consider a career in liability adjusting or if you're searching for reliable adjusting services, visit Auten Claims Management.

To explore more about Chantal Roberts and her contributions to the industry, visit CMR Consulting.

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