Dangerous Dog: Related Cases

Defendants were convicted of attack by dog resulting in death (Tex. Health & Safety Code § 822.005(a)(1)) after a 7-year-old was killed by several of defendants' pit bull dogs. On this appeal, appellants contend that the statute fails to define the terms “attack” and “unprovoked,” and that it fails to specify what conduct is prohibited, resulting in arbitrary enforcement. Thus, jurors could have determined different definitions of the elements of the offense, violating the unanimous jury guarantees of the Texas and United States Constitutions. The Court of Criminal Appeals disagreed, finding, "[t]he statute contains objective criteria for determining what conduct is prohibited and therefore does not permit arbitrary enforcement." The Court of Criminal Appeals affirmed the Court of Appeals decision stating that the Dog Attack statute did not violate Due Process and that the defendants' convictions did not violate the unanimous jury guarantees of the Texas or the U.S. constitution.

Veterinary costs and consequential losses are also allowed in determining damages, according this Kansas case. It should be noted that the animal at issue here was a domestic pig versus a companion animal, and the award of damages was secured by a statute that allows recovery for all damages for attacks on domestic animals by dogs.

In this Oregon case, plaintiff filed this action to recover for personal injuries sustained when she was bitten by defendants' dog. The complaint alleged a cause of action for strict liability and another for negligence. The trial court granted a judgment of involuntary nonsuit on both causes of action. On appeal, this court found the previous biting, which had occurred only one hour before, could reasonably lead a jury to believe that the dog had dangerous propensities, and that the defendants had knowledge of them. Thus, the court found that the involuntary nonsuit on the strict liability cause was improperly granted. Further, the question of whether the owner, who knew the dog had bitten the guest while on her way into the owner's house, was negligent in failing to control or confine the dog, was for the jury. Reversed and remanded.

In this Alabama case, a motorcyclist and passenger were injured when they collided with defendant's dog while traveling on public roadway and brought an action for damages. The Circuit Court, Elmore County granted defendant's motion for summary judgment and the motorcyclist and passenger appealed. The Court held that there is no recover at common law, as no negligence was shown. The Court would not accept the proposal that all owners should be charged with the knowledge that dogs will chase cars.   “We hold that the owner of a dog may not be charged with the general knowledge that all dogs chase motor vehicles, and therefore that the law will not impute such general knowledge to dog owners in actions for injuries incurred. We, therefore, affirm the defendant's summary judgment.”

In this Nevada case, an eleven-year-old boy who was a passerby was bitten by a dog. The jury found the owner liable, but trial court judge dismissed the landlord as a defendant. The Supreme Court found the landlord in this case could be liable under general tort obligations because he voluntarily undertook a duty to secure the neighborhood from harm by the dog after he made the tenant promise not to allow the dog outside unless chained. Thus, material questions of fact remained that precluded summary judgment as to whether the landlord breached his duty of care to the public where he allowed the tenant to remain with the dog and then failed to repair the gate that allowed the dog to escape and injure the plaintiff when it was left unchained.

In this California case, a dog bite victim sued a landlord, alleging premises liability in landlord's failure to guard or warn against tenants' dangerous dog.  On appeal from an order of summary judgment in favor of the landlords, the Court of Appeal held that the landlord owed no duty of care, as he had no actual knowledge of dog's dangerous propensities and an expert witness's declaration that the landlord should have known of the dog's vicious propensities was insufficient to warrant reconsideration of summary judgment ruling.  The landlord's knowledge that tenants may have a dog because it is allowed through a provision in the lease is insufficient to impute liability where the landlord has no knowledge of any previous attacks or incidents.