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Hannan v. City of Minneapolis |
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.
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Hardsaw v. Courtney |
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.
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Harris v. Anderson County Sheriff's Office |
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.
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Harris v. Barefoot |
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.
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Hass v. Money |
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.
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Hayes v. Adams |
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.
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Hearn v. City of Overland Park |
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).
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Hebert v. Broussard |
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.
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HI - Dog - General Dog Provisions |
This Hawaii statute provides the pertinent regulations for dogs in the state. Included in its provisions are licensing, impoundment, seizure of loose or unlicensed dogs, and stray animals. Of particular note is a provision that makes it unlawful for any officer to knowingly sell or give any impounded dog to any person, firm, corporation, association, medical college, or university for the purpose of animal experimentation. |
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HI - Dog Bite - Chapter 142. Animals, Brands, and Fences. |
This Hawaii statute provides that the owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to prevent the recurrence of such incident. Whenever a dog has bitten a human being on at least two separate occasions (with no applicable exceptions), any person may bring an action against the owner of the dog. Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has bitten, injured, or maimed a person. No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning the offending dog. |
