Dangerous Dog: Related Cases
Case name![]() |
Citation | Summary |
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Engquist v. Loyas | 803 N.W.2d 400 (Minn.,2011) |
After a 9-year old child was bitten by defendant's dog while at a sleepover at defendant's house, the child's mother sued the dog’s owners on child's behalf. The jury found that the plaintiff provoked the dog and the court entered a judgment in favor of defendants. The appellate court reversed on the ground that the jury instruction given by the district court misstated the meaning of provocation under the statute, and remanded for a new trial. In the instant action, the Supreme Court affirms this decision. Specifically, the jury here could have found provocation without any consideration of the victim's knowledge of the danger, and this misstatement prejudiced the defendant. |
Estis v. Mills | --- So.3d ----, 2019 WL 3807048 (La. App. 2 Cir. August 14, 2019) | On September 11, 2017, Plaintiffs, Catherine Estis, Samuel Estis, and Thuy Estis brought this action against the Defendants, Clifton and Kimberly Mills, seeking damages for the shooting of the Plaintiff’s ten-month-old German Shepherd puppy, Bella. The Plaintiffs alleged that the Defendants shot Bella, did not disclose to them that Bella had been shot, and dumped her body over ten miles away. Defendants filed a motion for summary judgment. The trial court granted summary judgment in favor of Defendants. The Defendants argued that they fell within the immunity afforded by a Louisiana statute that gives immunity to anyone who kills a dog that is not on the property of the owner and is harassing, wounding, or killing livestock. The Defendants alleged that Bella, the puppy, was harassing their horses. The Plaintiffs argued that the immunity afforded by the statute needed to be affirmatively pled by the Defendants and that the Defendants waived such immunity by failing to assert the affirmative defense in their original answer or any subsequent pleading. The Plaintiffs further argued that the motion for summary judgment would not have been granted if it were not for the immunity protections. The Court ultimately held that the Defendants failed to affirmatively plead the immunity statute and, therefore, it reversed and remanded the case to the lower court. |
Estis v. Mills | 318 So. 3d 449 (La. App. 2 Cir. 4/14/21) | The Estis' sued the Mills for the wrongful killing and disposal of the Appellants’ German Shepherd. On appeal, the Appellants argue that the district court erred in permitting the Appellees to amend their original answer to now include an affirmative defense of immunity pursuant to La. R.S. 3:2654, which would relieve the Appellees of liability. Further, the Appellants contend that the district court erred in granting the Appellees’ motion for summary judgment, asserting that there remain genuine issues of material fact, and notwithstanding liability for the death of the dog, the court erred in dismissing the Appellees’ claim for conversion. The parties were neighbors whose property was separated by an enclosed pasture where the Mills used to keep horses. Despite requests from Mills, the Estis' dogs would enter the pasture and harass the horses. In 2017, Mills discovered the dog yet again in the pasture with the horses, so Mr. Mills shot, killed, and disposed of the dog. Subsequently, the Estis family filed suit seeking damages for the intentional killing of the dog and disposing of the dog in a bayou approximately ten miles away. The lower court granted a motion in favor of the Mills agreeing that they had immunity from suit under La. R.S. 3:2654.1. On appeal to this court, the Estises argue that the Mills waived the immunity under the statute because they failed to affirmatively plead the defense in their answer to the pleadings. This court found that immunity had not been affirmative pled as required by statute. Consequently, the Mills received permission to amend their answer and plead the immunity provision. Following granting of the Mills' second motion for summary judgment based on the immunity statute, the Estises appeal that decision. As to Estis' argument that leave to amend the answer was erroneously granted, this court first noted that determination whether to allow pleadings to be amended is discretionary and will not be reversed absent an abuse of discretion. The court found no evidence that there was bad faith in the decision to the amend the pleadings like delay. Further, there was no demonstration of prejudice from the granting of an amended answer. As to Estis' claim that summary judgment was erroneously granted, the court discussed a photograph that was submitted in evidence support showing a horse grazing with its back presented "indifferently" to the dog. The Mills countered with the evidence of an independent eyewitness to the incident who asserted that the dog harassed the horses. The court noted that issues of the credibility of evidence have no place in a summary judgment appeal. As a result, this court found that the lower court judge's statements that, in effect, weighed the credibility of the photograph versus the testimony of the witness were inappropriate. Thus, the lower court erred in granting the motion for summary judgment. Finally, the court evaluated Estis' conversion claims for the disposal of the dog's dead body. This court said that, [i]f the court finds that the killing of the dog falls under La. R.S. 3:2654, then the claim for conversion of the dog's body does not survive. However, if there were personal items on the dog at the time of the killing, such as a tracking collar or items of other value, then a conversion claim can be made for those items. If the court determines that the immunity statute does not apply, then the claim for conversion and any other applicable damages may apply." Thus, the trial court's judgment to allow the motion to amend the pleadings was affirmed, the granting of the summary judgment was reversed, and the dismissal of Estis' claims for conversion was reversed and remanded for further proceedings. |
Evans v. Craig | 807 N.Y.S.2d 417 (2006) |
A postal worker brought an action against dog owners to recover for injuries allegedly sustained when dog jumped on her while she was delivering mail to the owners' home. In affirming the denial of defendant’s motion for summary judgment, the court found that there factual issues as to whether the owners were aware of the potential danger from the dog and whether they took reasonable measures to prevent the dog from jumping on the plaintiff. |
Fandrey v. American Family Mutual Insurance Company | 80 N.W.2d 345 (Wis. 2004) |
Dog bite victim sued homeowners insurer. Held: courts may factor traditional public policy to bar a claim under the dog bite statute, and in this case, public policy precludes imposing liability on homeowners even though the dog bite statute appears to impose strict liability. |
Faraci v. Urban | 101 A.D.3d 1753 (N.Y.A.D. 4 Dept.) |
In this New York case, the plaintiff sought damages for injuries his son sustained after the child was bitten by a dog in a house owned by defendant Urban, but occupied by Defendant Buil (the dog's owner). Defendant Urban appeals an order denying her motion for summary judgment dismissing the complaint. Defendant Urban failed to demonstrate as a matter of law that the dog did not have vicious tendencies because defendant's own submissions showed that the dog had previously growled at people coming to the door. However, summary judgment was appropriate here because the evidence failed to show that defendant knew or should have known of the dog's alleged vicious propensities. |
Farrior v. Payton | 562 P.2d 779 (Hawaii, 1977) |
This Hawaii case involves a suit against owners of dog to recover for injuries sustained when the plaintiffs, in an attempt to avoid what was believed to be an imminent attack by dog, fell off a natural rock wall. Defendants' property abutted this rock wall and defendants considered those people who used the rock wall "trespassers." After defendant's motion for a directed verdict were granted, the plaintiffs appealed. On appeal, the Supreme Court observed that, in an action against an owner or harborer of a dog for injury inflicted by such animal, defendant's scienter (i. e. actual or constructive knowledge) of the vicious or dangerous propensities of the dog is (except where removed by statute) an essential element of the cause of action and a necessary prerequisite to recovery. The evidence in the record established the fact that the Payton family not only knew of their dog's propensity to run and bark at strangers utilizing the 'short-cut' via the human-made seawall and the natural rock wall, but also expected such activity from their German shepherd dog. Indeed, it was predictable that Mrs. Farrior would become frightened and would retreat to a precarious position. |
Felgemacher v. Rugg | 814 N.Y.S.2d 452 (N.Y.A.D. 4 Dept.,2006) |
In this New York case, the plaintiff sued to recover damages for injuries he sustained when defendant's dog jumped onto his back and knocked him to the ground at defendant's service station. The court found that the lower court properly denied that part of defendant's motion for summary judgment for strict liability in harboring a vicious animal. Here, defendant failed to meet her initial burden on the motion with respect to strict liability because she failed to establish as a matter of law that the dog had no vicious propensities where she submitted the deposition testimony that the dog was chained at the place of business to prevent the dog from “jumping on cars. . .” |
Fisher v. Liptak | 1996CarswellAlta33 |
Two pet llamas owned by the plaintiff Fisher were attacked on two separate occasions by dogs, including by a dog owned by the defendant Liptak, causing the death of one llama and, two weeks later, injury to the second llama. After the first attack, Liptak's dog returned covered with saliva and blood, although it had no bleeding wounds; he suspected the dog had been in a fight or attack but did not investigate. His dog was later discovered injuring the second llama. The court ruled that Liptak's finding indications of the first attack put him on notice that the dog had a 'vicious or mischievous propensity to attack other animals,' sufficient to make him strictly liable under the doctrine of scienter, for the second llama's injuries, but not for the first, for which Liptak lacked the requisite knowledge. Similarly, Liptak was not liable in negligence in the first attack, since in that rural area all the local owners let their dogs run at large and Liptak had no prior reason to suspect his dog would attack; the judge did not discuss whether Liptak was liable in negligence for the second attack. |
Fitzgerald v. Varney | 80 N.Y.S.3d 899 (N.Y. County Ct. July, 18, 2018) | Defendant-Respondents appeal a judgment by the Town of Stony Creek Justice Court declaring their dog to be a "dangerous dog" and ordering euthanasia. On December 30, 2017, defendants’ dog bit their 12-year-old grandson on the upper lip. The child and defendants’ dog were side-by-side on a couch when the child reached over toward the dog. The dog unexpectedly jumped up and bit the child on the left side of the mouth. The child received emergency care and was eventually given injections and stitches to close the wound. Testimony revealed that pain only last the first day after the incident and the stiches dissolved within ten days. The dangerous dog was action was commenced by James Fitzgerald, Sr. who was the dog control officer for the town of Stony Creek, and was completed a few months after the incident. At the close of the hearing, the trial judge found by clear and convincing evidence that the dog was dangerous and caused "serious physical injury." This resulted in the court ordering that the dog be "killed" within 30 days absent any appeal. Here, the defendants do not challenge the dangerous dog determination, but instead challenge the euthanasia order based on a finding of "serious physical injury." Under Agriculture and Markets Law § 108(29), "serious physical injury" means "serious or protracted disfigurement." The court examined two different definitions for "serious physical injury" in the Agriculture and Markets Law and the Penal code as well as relevant cases exploring the nature of a “protracted” injury. Here, this court found the evidence at trial did not show the size of the wound or the number of sutures, nor was there evidence scar was distressing to the victim or any person observing him. As such, there was insufficient evidence to show the injury was of a "protracted" nature. Therefore, the court modified the judgment by reversing the finding of aggravated circumstances and the order for humane euthanasia of the dog. The owners are now required to keep the dog held in leash by an adult 21-years old or older and maintain liability insurance of $50,000 - 100,000. |
Flint v. Holbrook | 608 N.E.2d 809 (Ohio App. 2 Dist.,1992) |
In this Ohio case, Lorraine Flint was bitten by a pit bull dog owned by Carl Holbrook (Flint was bitten and injured by Holbrook's dog in the alley between her residence and Holbrook's). Flint then brought suit against Holbrook and Turner Patterson, as the titled owner of the premises where the dog was kept. Patterson was essentially selling the property to Holbrook on land contract. In this case, the court held it was evident that the land contract agreement effectively transferred the ownership and equitable title to the property to Holbrook. Holbrook had exclusive possession and control of the premises upon which he kept his pit bull. While Patterson maintained the bare legal title as security for his debt, he exercised no control over the property; no clause affording him possession or control of the property was included in the land contract agreement. |
Folkers v. City of Waterloo, Iowa | 582 F.Supp.2d 1141 (N.D.Iowa,2008) |
Plaintiff brought civil rights action against the City of Waterloo, Iowa (City) alleging procedural and substantive due process violations after Animal Control Officers seized Plaintiff’s dog and detained the dog for one hundred days while an appeal was pending. On Plaintiff’s motion for partial summary judgment, the United States District Court, N.D. Iowa, Eastern Division, found that the Fifth Amendment Due Process Clause did not apply to Plaintiff’s claim, the Animal Control Officers were acting under color of state law, and that the one hundred day detention of Plaintiff’s dog was a meaningful interference with Plaintiff’s possessory interest in his dog. The Court also found that Plaintiff’s right to procedural due process under the Fourteenth Amendment was satisfied by the post-deprivation hearing provided Plaintiff, Plaintiff’s claim that the decision to detain Plaintiff’s dog was unreasonable or arbitrary, implicated the “unreasonable seizure” provisions of the Fourth Amendment, rather than the substantive due process provisions of the Fourteenth Amendment, and that even if the substantive due process provisions of the Fourteenth Amendment were otherwise applicable, Plaintiff would not have been entitled to relief under the substantive due process provisions of the Fourteenth Amendment. |
Francis v. City of Indianapolis | 958 N.E.2d 816 (Ind. Ct. App. 2011, table, unpublished) | A dog rescue organization was cited with a violation of the city code for having a dog at large. One rescue dog escaped and lunged at a neighbor. Francis argued that the trial court erred in applying strict liability, challenged the sufficiency of the evidence, and challenged the constitutionality of the municipal ordinance. The trial court also found that a violation of the ordinance also imposed restrictions on Francis; she could no longer operate the animal rescue shelter and could only own or keep two dogs. The judgment of the trial court was affirmed. |
Franciscus v. Sevdik | 2016 PA Super 52 (Feb. 29, 2016) | Five-year-old Femina asked the dog walker, Ms. Dailey, if she could pet Julius, the pit bull. When she bent over to do so, the dog jumped up and bit her on the chin. The Plaintiffs, Mr. and Mrs. Franciscus commenced this negligence action to recover damages for injuries sustained by their daughter, Femina. They filed the action against Mr. Sevdik, the owner of the dog, Ms. Dailey, the dog walker, and Mr. Steigerwald, the individual owner and operator of Fetch Pet Care of West Hills/South Hills. The Superior Court of Pennsylvania held that summary judgment granted by the trial court in favor of Ms. Dailey and Fetch Pet Care was improper. The Court reasoned that the dog was entrusted to these Defendants by Mr. Sevdik and the dog was in their control when the injury occurred. Since the Defendants knew the dog jumped on people, was to be muzzled when walked, and was not to be walked along routes where there were people, specifically children and other dogs, they had a duty to use reasonable care to protect others from harm while the dog was in their control. While the court stated it did not need to reach the issue of whether the trial court erred in refusing refusing to take judicial notice of dangerous propensities of pit bulls, it noted that Pennsylvania law does not recognize a presumption that pit bulls as a breed are dangerous or have dangerous propensities. The order was vacated and the case was remanded. |
Frank v. Animal Haven, Inc. | 107 A.D.3d 574 (N.Y.A.D. 1 Dept.,2013.) |
Plaintiff was bitten by the dog that she adopted from Animal Haven, Inc. and sued that entity for personal injuries stemming from the bite. In affirming the decision to dismiss the complaint, this court noted that the adopting parties signed a contract a the time of adoption where they undertook a "lifetime commitment" for the responsible care of the dog. While the contract stipulated that Animal Haven had the right to have the dog returned if the plaintiff breached the contract, this did not reserve a right of ownership of the dog. Further, the contract also explicitly relieved Animal Haven of liability once the dog was in the possession of the adoptive parties. |
Galgano v. Town of North Hempstead | 41 A.D.3d 536 (N.Y.A.D. 2 Dept., 2007) |
In this New York Case, the plaintiffs appeal from an order of the Supreme Court, Nassau County which granted the defendants' motion for summary judgment dismissing the complaint for personal injuries and damages due to a dog bite. The court reaffirmed New York law that to recover in strict liability in tort for a dog bite or attack, the plaintiff must establish that the dog had vicious propensities and that the owner knew or should have known of the dog's propensities. The fact that the subject dog was brought to the animal shelter because another dog in the owner's household did not get along with it is not indicative that it had vicious propensities. |
Gannon v. Conti | 86 A.D.3d 704 (N.Y.A.D. 3 Dept.,2011) |
In 2008, defendants' dog allegedly left their yard by passing through an underground "invisible" electrical fence system and bit the plaintiff who was sitting on her bike on the adjacent property. Plaintiff filed suit seeking damages for injury based on common-law negligence and strict liability. The lower court granted defendants' motion for summary judgment based on the fact that they had no prior knowledge of the dog's alleged vicious propensities. On appeal, the court found that even defendants' own depositions raised an issue of fact as to notice of their dog's alleged vicious propensities. Specifically, one defendant admitted he used a "bite sleeve" obtained through his employment as a police officer to encourage the dog to bite and hold a perpetrator's arm. This evidence that the dog was encouraged to leap up and bite a human arm created a sufficient issue of fact for the jury despite defendants' claim that this was a "play activity" for the dog. |
Giacalone v. Housing Authority of Town of Wallingford | 998 A.2d 222 (Conn.App,2010) |
In this Connecticut case, a tenant, who was bitten by a neighbor's dog, brought a common law negligence action against the landlord, the housing authority of the town of Wallingford. The tenant then appealed after the lower court granted the landlord's motion to strike the complaint. On appeal, this Court held that the tenant properly stated a claim under common law negligence against the landlord. Relying on Auster v. Norwalk United Methodist Church, 286 Conn. 152, 943 A.2d 391 (2008) , the court concluded that a common-law negligence action brought against a landlord in a dog bite case should not be striken simply because the landlord was the the owner or keeper of the dog. |
Gibson v. Rezvanpour | 601 S.E.2d 848 (Ga. 2004) |
The prospective buyer of a home was bitten by the homeowner's dog. The prospective buyer filed a claim against the homeowners, real estate agents, real estate brokers and the real estate agency. The State Court entered summary judgment in favor of Defendants and the Court of Appeals affirmed the decision. |
Gill Terrace Ret. Apartments, Inc. v. Johnson | 2017 VT 88, 177 A.3d 1087 (Vt. 2017) | This is an appeal of a trial court's ruling in favor of a landlord finding that the tenant violated two material terms of her residential rental agreement. One of the material violations involved the keeping of a pet in violation of a no-pets policy. The facts show that the dog, "Dutchess," initially came to the tenant's apartment in 2009 with the tenant's son. While the dog never attacked another person or pet, it did display aggressive behavior, including lunging, baring her teeth, and rearing up on her hind legs. Other tenants expressed fear of Dutchess. After the son moved out in 2013, the dog stayed, and, in 2014, the landlord sent tenant a letter indicating the keeping of the dog was a violation of the lease. Two months after that notice, an informal meeting was held and tenant then claimed the dog as a reasonable accommodation for her disability. The landlord's attorney sent paperwork to effectuate this request, which the tenant said she never received. Months later, the landlord served the tenant with an eviction action to which tenant responded with a request to keep her dog as a reasonable accommodation. The request to keep a pet as a reasonable accommodation was granted shortly thereafter by landlord; however, the landlord did not approve of Dutchess as the specific animal due to concerns of behavior and hostility toward other residents. At an eviction hearing in June of 2016, the landlord's request to terminate the tenant's lease was granted by the court, which concluded that the reasonable accommodation for an assistance animal did not extend to Dutchess. On appeal, the Vermont Supreme Court noted that a request for an assistance animal as a reasonable accommodation may be denied if "the specific assistance animal in question poses a direct threat to the health or safety of others." While there was no dispute in this case that the tenant has a disability-related need for an ESA, there was credible evidence that supported the lower court's decision that Dutchess posed a threat and/or would cause substantial physical damage to the property. This included testimony from other tenants and tenant's own statements that she might not be able to control Dutchess. The court stated: "[l]ike the trial court, we acknowledge tenant's attachment to Dutchess and her need for an emotional support animal, but the court properly weighed the evidence regarding Dutchess's aggressive behavior against landlord's concerns for the safety and wellbeing of the other residents." The court concluded that the lower court did not err in affirming landlord's denial of tenant's reasonable accommodation request. |
Gonzales v. Kissner | 24 So.3d 214 ((La.App. 1 Cir.,2009) |
This Louisiana case concerns an action for personal injuries sustained by an animal control officer who was mauled about the head and neck by defendants' dog while investigating a complaint of an attack by the dog from the previous day. The dog's owners argued on appeal that the trial court failed to apply the Professional Rescuer's Doctrine, sometimes referred to as the “fireman's rule." Because under the facts here, where the dog had previously escaped after being confined in the house and the defendants failed to properly lock the house and/or restrain the dog, the court did not find that Ms. Gonzales' recovery for injuries was barred by the Professional Rescuer's Doctrine. The court held that based upon the record before this court, there was no error on the part of the trial court that warranted reversal of the plaintiff's motion for a partial summary judgment as to the liability of the dog's owners. |
Gorman v. Pierce County | 176 Wash. App. 63, 307 P.3d 795 (2013) review denied, 179 Wash. 2d 1010, 316 P.3d 495 (2014) |
After leaving a sliding glass door open for her service dog and her neighbor's dog, the plaintiff in this case was mauled by two pit bulls. Plaintiff sued the dogs' owners under a strict liability statute and the county for negligently responding to prior complaints about the dogs. At trial, a jury not only found all defendants guilty, but also found the plaintiff contributorily negligent. Upon appeal, the court affirmed the judgment the lower court entered based on the jury verdict. Chief Judge Worswick concurred in part and dissented in part. |
HAGEN v. LAURSEN | 263 P.2d 489 (Cal.App. 3 Dist. 1953) |
Two Irish setters knocked down a neighbor while playing outside. Previously no one had seen them run into anyone while playing. They were not shown to have been more boisterous than dogs usually are. There was no evidence that these dogs were vicious. The court found that there was no foreseeable risk of harm and therefore no duty upon which to base a claim of negligence. |
Haggblom v. City of Dillingham | 191 P.3d 991 (Alaska 2008) | This is an owner's appeal of the city order which ordered her dog be euthanized or banished from city limits because the dog bit a person without provocation. The order had been affirmed by the superior court and is now in front of the state Supreme Court. Haggblom argues that the ordinance is unconstitutional because it does not provide meaningful process, and is too vague because it does not explicitly offer the alternative of banishment from city limits. This court found that due process was satisfied and that the ordinance is constitutionally clear, and thus affirms the order. |
Hamilton v. State | 128 So.3d 872 (Fla.App. 4 Dist.) |
In this Florida case, the 82-year-old defendant was convicted of a third-degree felony animal cruelty violation (section 828.12(2)) and sentenced to three years' imprisonment. Defendant had his dog on leash and approached too close to a cat, whereupon the leashed dog began to attack the cat. In reversing the decision, the appellate court found that defendant's conduct did not rise to a criminal level, as it was "objectively unlikely" that a leashed dog walking with his owner would inflict such damage. Further, while the issue of sentencing was rendered moot by the reversal, the court found the consideration of a petition with approximately 3,000 signatures demanding the maximum sentence, "an affront to the very notion of due process of law . . ." |
Hamlin v. Sullivan | 93 A.D.3d 1013 (N.Y.A.D. 3 Dept.) |
Plaintiff was walking her dog in an area of state where dogs go off-leash. Plaintiff and defendant were back in the parking lot talking when defendant's dog, who was still off-leash, ran into her, causing her to fall and sustain injuries. The appellate court found that plaintiff's evidence was insufficient to meet the burden establishing that the dog had a proclivity to run into people and knock them over. While testimony showed that the dog (Quinn) routinely ran up to people and put his paws on their chest to "greet" them, this was different than a propensity to knock people down. The court found that the behavior of jumping on people "was not the behavior that resulted in plaintiff's injury, and plaintiff failed to produce any evidence that defendant had notice of a proclivity by Quinn to run into people and knock them over. . ." The court also noted that the dog's rambunctious behavior, occurring at a dog park where dogs freely run around, was insufficient to establish vicious propensities. Summary judgment for the defendants was affirmed. |
Hampton v.Hammons | 743 P.2d 1053 (Okla. 1987) |
The five-year-old child hopped a fence, which was in disrepair, into his neighbor's yard to retrieve a ball. As he was trying to leave, he was severely bitten by a pit bull that the neighbor was keeping for his son. In reversing the judgment in part, the court held that the keeping of a pit bull might be a violation of Tulsa, Okla., Rev. Ordinances tit. 2, ch. 1, § (2)(d) (1973), so the child's negligence per se theory was actionable. The court held that the neighbor was the dog's owner as a matter of law under the dog-bite statute, Okla. Stat. tit. 4. sec. 42.1 (1981). |
Hannan v. City of Minneapolis | 623 N.W.2d 281 (Minn.App. 2001) |
This case held that a state statute permitting the control and ultimate destruction of dangerous animals does not preclude municipal controls that add to the breadth of public powers without regulating conditions expressly prohibited by statute. In the case, a dog owner sought review of municipal animal control division's order for destruction of his dog. The Court of Appeals held that the ordinance providing for destruction of dangerous dog did not conflict with statute and thus was not preempted by statute. The court stated that, after comparing the ordinance with the state statute, it was evident that the local provision is merely additional and complementary to the statute, permitting local action that the state statute does not prohibit. In fact, state law expressly provides for local regulation, giving municipalities full authority to regulate "potentially dangerous dogs," as long as the regulations are not breed-specific. |
Hardsaw v. Courtney | 665 N.E.2d 603 (Ind.App.,1996) |
In this Indiana case, the Hardsaws appeal a jury verdict in favor of the Courtneys stemming from their complaint for damages against the Hardsaws after their daughter Kimberly was attacked and bitten by the Hardsaws' dog who was under the supervision of the Hardsaw's 12-year-old daughter at the time of the attack. The Courtneys alleged negligent entrustment. On appeal, the Hardaws argue that, as a matter of law, absent evidence of prior viciousness, they could not have been negligent in entrusting Buster to their daughter and, thus, that this case should not have been submitted to the jury. The court found that the question of whether owner's entrustment of the control and restraint of a dog to a child was reasonable under the circumstances is a question for the jury. Here, the dog was restrained in the yard by a chain, but he was left under the care and supervision of a twelve-year-old child who had no previous experience supervising him. The judgment was affirmed. |
Harris v. Anderson County Sheriff's Office | 673 S.E.2d 423 (S.C.,2009) |
In this South Carolina case, the court considered the meaning of the term "or" in the state's dog bite statute, SC ST 47-3-110, and whether that word allows a plaintiff to pursue a statutory claim against the owner of the dog while that dog is in the care of another. The facts concerned a veterinary assistant who sued a county sheriff's officer after she was bitten by a police dog while the dog was kenneled at the veterinary clinic where she worked. The lower court granted summary judgment for the sheriff's office. The Supreme Court disagreed with this interpretation. Based on a plain language reading of the statute, the Court concluded that the Legislature intended to allow a claim against the owner of the dog when another person has the dog in his care or keeping. |
Harris v. Barefoot | 704 S.E.2d 282 (N.C. App. 2010) |
A mail carrier was attacked by two dogs, and sued the dogs’ owners for negligence. The Court of Appeals affirmed summary judgment for the defendants, holding that a dog owner is not liable unless there is evidence that the dog had a vicious propensity and that the owner knew or should have known that the dog was dangerous. |
Hass v. Money | 849 P.2d 1106 (Okla. Civ. App. 1993) |
While the Moneys (Defendants) were on vacation, they boarded their dog at Peppertree Animal Clinic (Peppertree). On June 16, 1990, Julie Hass (Plaintiff), an employee of Peppertree, was bitten by the dog while walking him. The Court reverses the Defendants' summary judgment and remands to the trial court because the dog bite statute applies a strict liability standard and that the owner of a dog is only the person who has legal right to the dog. |
Hayes v. Adams | 987 N.E.2d 402 (Ill.App. 2 Dist.,2013) |
An 8-year-old girl suffered injuries as a result of being bitten by a dog that escaped from a veterinarian clinic. The girl sued the clinic and the owner of the dog, but the owner was granted a motion for summary judgment because she did not have care or dominion over the animal at the time of the injury; this decision was then appealed. The Second District Appellate Court of Illinois held the Animal Control Act (510 ILCS 5/16) did not impose strict liability on a dog owner solely because he or she was the legal owner of a dog. The lower court’s decision was therefore affirmed because there was no reasonable or factual basis to impose liability. |
Hearn v. City of Overland Park | 772 P.2d 758 (Kan. 1989) |
Syllabus by the Court In an action to enjoin the City of Overland Park from enforcing an ordinance regulating the ownership of pit bull dogs within the city, the record is examined and it is held: (1) The ordinance is not unconstitutionally vague or overbroad; (2) the ordinance does not violate the due process rights of plaintiffs under the United States and Kansas Constitutions; (3) the ordinance does not violate the equal protection clauses of the United States and Kansas Constitutions; and (4) the district court did not err in dismissing the plaintiffs' claim for damages pursuant to 42 U.S.C. § 1983 (1982). |
Hebert v. Broussard | 886 So.2d 666 (La.App. 3 Cir., 2004) |
A dog that chased and pinned a man was shot by a police officer who had been called for assistance. The dog owner instituted an action against the police officer, the police chief and the city. The trial court granted summary judgment in favor of the police officer, police chief and city, and the Court of Appeals affirmed the decision holding the police officer was entitled to statutory immunity. |
Hoesch v. Broward County | 53 So.3d 1177 (Fla.App. 4 Dist., 2011) |
A Broward County, Florida ordinance defines a dangerous dog as “any dog that . . . [h]as killed or caused the death of a domestic animal in one incident.” Plaintiff Brian Hoesch’s dog escaped from Hoesch’s backyard and attacked and killed a neighbor’s cat. Prior to this incident, the dog had never been declared “dangerous” by any governmental authority. Hoesch requested a hearing after Broward’s animal control division notified Hoesch of its intent to destroy his dog. After a judgment in favor of Broward County, Hoesch contends that both county ordinances conflict with state law, section 767.11(1)(b), which defines a “dangerous dog” as any dog that “[h]as more than once severely injured or killed a domestic animal . . . .” The District Court of Appeal of Florida, Fourth District, concluded “that Broward County ordinance sections 4-2(k)(2) and 4-12(j)(2) are null and void insofar as they conflict with state law.” |
Holcomb v. Colonial Associates, L.L.C. | 2004 WL 1416659, 2004 WL 1416659 (N.C.) (Only Westlaw cite available) |
This North Carolina case involves the issue of whether a landlord can be held liable for negligence when his tenant's dogs injure a third party where a landlord has agreed by contract to remove "undesirable" dogs. Under the terms of the lease, the tenant, Olson, could keep one Rottweiler dog on the property. It was also stipulated that the landlord could require removal of any "undesirable" pets with 48-hour's notice. The dogs in the instant action attacked a contractor who was making an estimate on some of the rental homes, and, according to testimony, had committed two prior attacks. The court concluded that the Court of Appeals erred, in that the plaintiff was not required to show Colonial was an owner or keeper of the dogs in order to show Colonial was negligent; that requirement is limited only to strict liability actions. As a result, the court found Colonial failed to use ordinary care by failing to require the defendant Olson to restrain his Rottweiler dogs, or remove them from the premises when the defendant knew, or in the exercise of reasonable care, should have known, from the dogs' past conduct, that they were likely, if not restrained, to do an act from which a reasonable person could foresee. Of particular importance to the court, was the lease provision, which the court felt contractually obligated the landlord to retain control over defendant's dogs. |
Holland v Crisafulli | [1998] QSC 199 |
A dog, on two separate occasions, entered residential premises, turned over a cage and killed a guinea pig. The applicant claimed that this was insufficient evidence for the dog to be declared 'dangerous'. The judge found that a dog's propensity to pursue one animal should not be distinguished from a propensity to pursue all animals and that the finding of the dog as 'dangerous' should stand. |
Howle v. Aqua Illinois, Inc. | 2012 IL App (4th) 120207 (Ill.App. 4 Dist.) | As the result of a dog bite on the defendant’s rental property, the plaintiff suffered a torn cheek and irreparable damage to her ear. The plaintiff therefore attempted to recover damages from the defendant on the common law theory of negligence and through Illinois’ Animal Control Act. The trial court, however, dismissed the Animal Control Act claim and, later, granted the defendant’s motion for summary judgment on the negligence claim. Upon appeal, the appellate court affirmed the lower court’s decision, though it stated a motion for summary judgment was more appropriate then the motion to dismiss for the Animal Control Act claim. |
Huff v. Dyer | 297 Ga.App. 761, 678 S.E.2d 206 (Ga.App.,2009) |
In this Georgia case, the plaintiff was injured from being bitten by defendants' dog who was chained to the bed of their pickup truck while the defendants were inside an adjacent restaurant. The plaintiff sued defendants, claiming that they failed to warn her of their dog's dangerous propensities and that they committed negligence per se by violating the state's strict liability statute (OCGA § 51-2-7) and the Hall County Animal Control Ordinance. A jury found in favor of the defendants. The court found that the evidence was therefore more than sufficient to support the jury's conclusion that defendants' dog was “under restraint” for purposes of the ordinance. Further, there was no evidence that the owners had knowledge of the dog's vicious propensity. Affirmed. |
Hurd v. State | 988 A.2d 1143 (Md. App., 2010) |
In this Maryland case, Defendant appealed his convictions for two counts of aggravated cruelty to animals and two counts of malicious destruction of property valued under $500 relating to the fatal shooting of two of his neighbor's (Randolph's) dogs. On appeal, Defendant maintains the language of the former text of 10-416(b)(3), a section of the Natural Resources Code dealing with deer hunting, renders the shooting justifiable. The Court found that Section 10-416(b)(3) is ambiguous; as such, based on the rule of lenity, the Court construed section 10-416(b)(3), with one exception, as giving persons in Washington County (prior to the 2009 amendment) a right to kill a dog pursing a deer whether or not the dog was being used for purposes of deer hunting. However, the Court found that Section 10-416 of the Natural Resources Article gave Defendant no privilege to kill a dog pursuing a turkey. |
Hyatt v. Anoka Police Department | 691 N.W.2d 824 (Minn. 2005) |
Plaintiff was injured by a police dog during the arrest of her husband. Plaintiff sued under a Minnesota Statute requiring strict liability for dog injuries. The trial court held the statute applied to police dogs, the Court of Appeals reversed, and the Supreme Court ultimately held the statute does apply to police dogs. |
In re Molly | 712 N.W.2d 567 (Minn.App.,2006) |
In this Minnesota case, the appellant challenges the district court's order designating his dog a "dangerous dog" under Minn.Stat. § 347.50, subd. 2(2) (2004). The appellate court held that the city lacked authority to bring action to enforce non-self-executing statutory provision concerning dangerous dogs. While the city of Arden Hills argues that the legislature, in section 347.53, gives cities "the power to enforce the dangerous dog statute, section 347.53 authorizes cities to "regulate potentially dangerous dogs," a statutory category expressly separate from and exclusive of "dangerous dogs." The court stated that the issue is whether Arden Hills may enforce the statute without first adopting it or promulgating procedures for its enforcement. Further, while it is undisputed that Scooter was badly injured by Molly during the attack, she was not dead then or upon arrival at the veterinary clinic. The owners undertook the decision to euthanize rather than treat the injured dog. |
Irwin v. Degtiarov | 85 Mass.App.Ct. 234 (2014) | In this case, Degtiarov's unleashed dog attacked Irwin's dog without provocation. Though Irwin's dog survived, there were significant veterinary costs. Irwin brought this suit for damages in the form of veterinary costs, which were granted by the district court and affirmed by the appellate court. The sole issue on appeal considers whether damages should be capped at the market value of the dog, despite the reasonableness of the veterinary costs necessary to treat the dog's injuries. The appellate court affirms the damages for reasonable veterinary costs that were incurred for damage caused by a dog, even if these costs exceed the market or replacement value of the animal injured by the dog. |
Ivey v. Hamlin (Unpublished) | 2002 WL 1254444 (Tenn.Ct.App.)(Not reproted in S.W.3rd) |
This is an action for damages for the deliberate killing of a dog by a Deputy Sheriff that was alleging terrorizing the neighborhood. In finding for defendant-officer, the court noted that the consensus among the courts is that a vicious dog is a public nuisance and that governments and their agents have broad power to protect the public from these animals. The court thus found the officer acted reasonably under the circumstances and had a qualified immunity defense. |
Jackson v. Georgalos | 133 A.D.3d 719 (N.Y. App. Div. 2015) | Plaintiff appealed an order granting defendants' motion for summary judgment dismissing the complaint. The personal injury action arises from an incident where defendants' dog, who was barking at the time, jumped on the screen door causing the door to open, whereupon the dog ran out of the house. When the plaintiff turned to get away from the dog, her ankle twisted, causing her to fall on the steps and become injured. To recover in New York on such an action, a plaintiff must prove that the dog had vicious propensities and that the owner of the dog, or a person in control of the premises where the dog was, knew or should have known of such propensities. The court held that plaintiff did not raise a triable issue of fact as to whether the defendant was aware of the dog's alleged propensity to run out of the house and chase after people. Defendants' motion summary judgment and dismissal was affirmed. |
Jacobsen v. Schwarz | 50 A.D.3d 964 (N.Y.A.D. 2 Dept., 2008) |
Plaintiff appeals an order granting defendant's motion for summary judgment that dismissed her personal injury case. The plaintiff commenced this action after she was bitten by defendant's dog while working on a computer at defendant's house. This court found that summary judgment was not appropriate because the defendant warned plaintiff that the dog was possessive about her ball and not to touch it. These warnings along with the dog's actions with the ball may give rise to a finding that the defendant knew or should have known that the dog possessed a vicious propensity or a proclivity to act in a way that puts others at risk of harm. |
JACQUELINE CONRAD, PlaintiffAppellant, v. SUSAN CATAPANO and JIM CATAPANO, DefendantsRespondents | Not Reported in A.3d 2013 WL 673463 (N.J.Super.A.D.,2013) |
Plaintiff was injured by defendants' dog after being knocked to the ground. The plaintiff had her dog over to defendants' house for a "doggie play date" and the dogs were running off-leash in the fenced yard.The lower court granted defendants' motion for summary judgment on plaintiff's claims of negligence and absolute liability, finding that the defendants had not prior knowledge of the dog's propensity to run into people. The Court found that there were genuine issues of material fact as to defendants' prior knowledge of the dog's proclivities to become "hyper" in the presence of other dogs. Thus, the decision to grant summary judgment was reversed and the matter remanded for trial. Notably, the Court did state that it shared "the motion judge's observation that plaintiff may well be comparatively at fault here for choosing to stand in the backyard while the three unleashed dogs ran around." |
Janota-Bzowska v. Lewis | 1997CarswellBC1957 |
The respondent Janota-Bzowska was an invited guest at the home of the appellant Lewises, where another guest (appellant Holtzman) had tied his Labrador dog outside; the dog lunged at the respondent, causing her to fall and break her finger. A trial court earlier found both dog-owner and home-owners liable to Janota-Bzowska under the doctrines of scienter (strict liabilty) and negligence. On appeal, the court held that there was insufficient evidence to establish that the dog had a propensity to lunge at people, or that the owner knew of such propensity, although the dog was known to chase deer. However, this was not sufficient to allow recovery under scienter. On the issue of negligence, the court also held that the dog's behaviour being 'unexpected and out of character' showed no suggestion of a risk for which the owner had failed to take reasonable precautions, so there was no negligence shown. |
Johnson v. McMahan | 68 Cal.App.4th 173 (1998) |
After a repairman was injured by a dog that grabbed his leg through his jeans and made him fall from a ladder, the victim sued the owners under the dog bite statute, Civ. Code, § 3342. The court held that the statute applied, even though the plaintiff was not wounded by the bite. The word “bite” did not require a puncture or tearing away of the skin. |