Dangerous Dog: Related Cases
Case name | Citation | Summary |
---|---|---|
Smith v. City of New York | 889 N.Y.S.2d 187 (N.Y.A.D. 1 Dept.,2009) |
This New York appeal reversed the lower court's judgment finding Officer Smith strictly liable for dog-bite injuries sustained by infant plaintiffs. The court found that, in the limited time the officer spent with the dog, the dog acted friendly, playful, and "rambunctious." He did not see the dog growl or lunge at the plaintiff and her family, who were sitting in the precinct house. The testimony adduced at trial did not establish that Officer Smith knew or should have known of the dog's vicious propensities. Further, the court found the evidence was insufficient to show that Officer Smith owned the dog. Rather, he took temporary custody of the abandoned dog with the intention to transport him to the ASPCA, and the dog was in his possession for, at most, a few hours. |
Smith v. Kopynec | 119 So.3d 835 (La.App. 1 Cir.,2013) |
The plaintiff appeals the lower court's dismissal of her claims against defendant-landowners and their insurers. The plaintiff was injured (for the second time) by the defendant-landowners' son's pitbull while walking past their home. While it was undisputed that the landowners did not own the dog, the issue was whether they had a duty to prevent the attack via "custodial liability." Here, the defendant-landowners asserted that they thought the son had gotten rid of the dog after it was confiscated and quarantined by animal control after it first attacked the plaintiff. Thus, this court found that defendant-landowners did not know of the dog's presence on their property and affirmed the trial court's order of summary judgment. |
Smith v. Meyring Cattle Co., L.L.C. | 921 N.W.2d 820 (Neb., 2019) | Harley Smith worked for Meyring Cattle Company. Smith was injured when a herd dog allegedly nipped at the hoof of one of the cows and the cow charged forward trampling Smith. Smith sustained substantive injuries. Smith sued Meyring under negligence theories and under strict liability as set forth under Nebraska law. The district court found for Meyring. Smith appealed asserting that the district court erred by finding as a matter of law that strict liability did not apply to the facts of the case and for granting Meyring’s motion for partial directed verdict. as matter of first impression, the Supreme Court of Nebraska stated that the element that a dog be vicious or have dangerous propensities is implicitly part of the strict liability statute. The Court concluded that there was no evidence that the herd dog bit, worried, or chased Smith. There was also no evidence that the herd dog’s actions were directed toward Smith. The language of the strict liability statute was never understood as encompassing bodily hurt to a person by way of a dog worrying or chasing “any sheep or other domestic animals” that collided with that person. The Court affirmed the judgment of the district court. |
Spangler v. Stark County Dog Warden | 999 N.E.2d 1247 (Ohio App. 5 Dist.,2013) |
The appellant Robert T. Spangler appealed the decision of the Canton Municipal Court, Stark County that affirmed a dog warden's classification of his dog as "dangerous" under R.C. 955.11. While there are no cases on point that interpret this specific procedure on appeal, the court found the record did not reveal an abuse of discretion that would create a manifest miscarriage of justice. Even where there was potentially conflicting testimony whether appellant's dog actually bit the other dog's owner or whether it was caused by his own dog, the statute only requires a demonstration that the dog in question "caused injury" without provocation. Appellant's dog leaving the property lead to a "chain of events resulting in some sort of puncture injury" to the other dog owner's leg. |
State of Florida v. Peters | 534 So.2d 760 (Fla.App. 3 Dist. 1988). | This is an appeal from an order of the county court invalidating a City of North Miami ordinance regulating the ownership of pit bull dogs. The ordinance in question, City of North Miami Ordinance No. 422.5, regulates the ownership of pit bulls by requiring their owners to carry insurance or furnish other evidence of financial responsibility, register their pit bulls with the City, and confine the dogs indoors or in a locked pen. The court dismissed defendants claims that the ordinance violates equal protection and due process, and that the ordinance's definition of a pit bull is on its face unconstitutionally vague. |
State v. Ancona | 991 A.2d 663 (Conn.App.,2010) |
Defendant Michael Ancona appealed his conviction of permitting a dog to roam at large in violation of General Statutes § 22-364(a). The defendant claims that (1) the court improperly held him responsible as a keeper of a dog when the owner was present and known to the authorities, and (2) the state adduced insufficient evidence to sustain his conviction. The plain language of the statute § 22-364(a) states that an “owner or keeper” is prohibited from allowing a dog to roam on a public highway. Either the owner or keeper or both can be held liable for a violation of the statute. The court also found sufficient evidence that defendant was the keeper of the pit bull: the dog stayed at his house, he initially responded to the incident and tried to pull the dog away, and defendant yelled at the Officer Rogers that she was not to take "his dog." |
State v. Blatt | 235 W. Va. 489 (2015) | The Circuit Court of Wayne County ordered that Tinkerbell, a female pit bull terrier, be destroyed pursuant to West Virginia's vicious dog statute, after she injured a neighbor child who was playing in the dog’s yard. The circuit court's decision ordering that Tinkerbell be destroyed relied on a presumption that pit bull dog breeds are inherently vicious. Because extensive debate exists over whether scientific evidence and social concerns justify breed-specific presumptions, the court concluded that courts may not, upon judicial notice, rely solely upon a breed-specific presumption in ordering the destruction of a dog pursuant to West Virginia's vicious dog statute. The adoption of breed-specific presumptions with regard to this statute is the prerogative of the Legislature, not the judiciary, the court stated. In the absence of a breed-specific presumption, the court determined that neither the remaining findings of fact in the circuit court's destruction order nor the facts presented in the record provided satisfactory proof that Tinkerbell must be euthanized. Consequently, the court reversed the circuit court's destruction order. |
State v. Conte | Slip Copy, 2007 WL 3257378 (Ohio App. 10 Dist.), 2007 -Ohio- 5924 |
Plaintiff-appellant, State of Ohio/City of Bexley, appeals from a judgment of the Franklin County Municipal Court dismissing the indictment against defendant-appellee, Joseph Conte. Appellant cited appellee for violating Bexley City Code 618.16(e), entitled “Dangerous and Vicious Animal.” Two days later, animal control then issued another citation against appellee for allowing his dog to run free without restraint in violation of Bexley City Code Section 618.16(e). In granting appellee's motion to dismiss, the trial court struck down a portion of Bexley City Code 618.16(e) as unconstitutional that provided that the owner of a vicious or dangerous animal shall not permit such animal to run at large. On appeal, this court found that the ordinance was not unconstitutional where the prosecution must prove at trial that the dog is vicious or dangerous as an element of the offense. |
State v. Cowan | 814 N.E.2d 846 (Ohio 2004) |
A neighbor of the owner of 3 dogs complained to the dog warden, alleging that two of the dogs bit her. The dog warden then advised the owner that her dogs were dangerous and vicious and that she must follow the statutory rules for owning vicious dogs. When she failed to follow those statutory rules, she was criminally prosecuted. The Supreme Court of Ohio said that her constitutional right to due process was infringed because she had no chance before trial to challenge the designation of her dogs as vicious. |
State v. Dan | 20 P.3d 829 (Or. 2001) |
This is an appeal of a circuit court decision in an aggravated animal abuse case. A defendant was convicted in circuit court of aggravated animal abuse and other charges. On appeal, the Court of Appeals held that the defendant's testimony that he loved his children more than the dog he shot was not evidence of his character, thus the evidence offered by the state in rebuttal (that the defendant assaulted his spouse) was not admissible and not harmless error by the trial court. |
State v. Griffin | 684 P.2d 32 (Or. 1984) |
Appeal of a conviction in district court for cruelty to animals. Defendant was convicted of cruelty to animals after having been found to have recklessly caused and allowed his dog to kill two cats, and he appealed. The Court of Appeals held that forfeiture of defendant's dog was an impermissible condition of probation. |
State v. Hanson | 89 P.3d 544 (Kansas, 2004) |
Defendant's dogs were released by owner, resulting in their attack of a neighbor's dog and its subsequent death. On appeal, the conviction was reversed for failure to show owner had knowledge of vicious propensity. |
State v. Johnson | 628 P.2d 789 (Or. 1981) |
A defendant was convicted in district court of violating a city ordinance by keeping a vicious dog. The Court of Appeals held that the word "trespasser" in the city ordinance was to be used in its ordinary context, that a child who rode his bicycle onto the defendant's driveway was a trespasser, that there were no issues of consent involved, and that the trespasser exception applied even to areas on the defendant's property where the dog was not under the owner's control. |
State v. Lesoing-Dittoe | 693 N.W.2d 261 (Neb. 2005) |
A married couple owned a pet dog that had a history of injuring other dogs. The married couple's dog injured a neighbors dog and, under a Nebraska Statute, was ordered to be destroyed. The Supreme Court of Nebraska reversed the decision holding the penalty was unreasonable. |
State v. Mallis | 964 N.E.2d 1096 (Ohio App. 7 Dist.,2011) |
Appellant, Cheryl Mallis, appealed the judgment of the Youngstown Municipal Court convicting her on one count of failure to confine a vicious dog and one count of failure to confine a dog. She was originally charged with two counts of violating the vicious-dog statute, R.C. 955.22(D)(1), and she moved to have those charges dismissed prior to trial. The motion was overruled, and appellant now challenges that ruling on appeal. The Court of Appeals held that the state could not prosecute the dog owner for failure to confine a vicious dog under the vicious dog statute since the statute had previously been declared by the Supreme Court to be unconstitutional on its face and had not been amended or modified thereafter. |
State v. Smith | 685 A.2d 73 (N.J.Super.L. 1996) |
This case involves the construction of a Hoboken, New Jersey dangerous dog ordinance in light of the state Vicious and Potentially Dangerous Dog Act. The owner's dog that was the subject of this case was ordered by the municipal court to be destroyed after it bit a person on the hand. In applying the relevant preemption test, the court found that the Act preempted any city ordinance purporting to cover same subject. As noted by the court, it was the procedural conflict that caused the most concern. Thus, because the procedural/jurisdictional defect in the ordinance was not cured, the municipal court lacked jurisdiction to hear the case. |
State v. Taffet (unpublished) | Not Reported in A.2d, 2010 WL 771954 (N.J.Super.A.D.) |
The State of New Jersey, through the Borough of Haddonfield, appeals from the final judgment of the Law Division, which reversed the finding of the municipal court that defendant's dog is a potentially dangerous dog pursuant to N.J.S.A. 4:19-23(a) as well as the imposition of certain measures to mitigate any future attacks. Defendant, a resident of Haddonfield, owns, breeds, and shows four Rhodesian Ridgebacks kept at his home in a residential neighborhood. The Superior Court concluded that the Law Division's did not properly defer to the trial court's credibility determinations and were not supported by sufficient credible evidence. The court found that the dog's dual attacks causing bodily injury to two individuals were undisputed, and along with evidence of more recent intimidating activity in the neighborhood, the municipal court could have reasonably concluded that the dog posed a more serious threat to cause bodily injury to another.
|
State v. Taylor | 322 S.W.3d 722 (Tex.App.-Texarkana,2010) |
Defendant was charged with a violation of Section 822.005(a)(2) of the Texas Health and Safety Code - the dog attack statute. The trial court dismissed the indictment stating that Section 822.005(a)(2) was unconstitutional because it fails to set forth any required culpable mental state. The Court of Appeals, however, found that the statute was constitutional because it does set forth a culpable mental state. "[B]oth the plain language of Sections 822.005(a)(2) and 822.042 impose upon the owner of a dangerous dog the duty to restrain or secure his or her animal." |
State v. West | Slip Copy, 2007 WL 2963990 (Table) (Iowa App.) |
In this Iowa case, the defendant, West, shot his neighbor's dogs after the dogs were seen running the perimeter of his deer-pen, agitating 15 of his deer in the process. Defendant was subsequently convicted of two counts of animal abuse charges and fifth degree criminal mischief. On appeal, West argued that the section 351.27 (a provision that allows a person to kill a dog caught in the act of worrying livestock) provides an absolute defense to the charges of animal abuse and that he had the right under the facts and this statute to summarily kill Piatak's dogs because they were worrying and chasing his deer. He also contended that the statute has no additional “reasonableness” requirement, and the trial court was incorrect to graft the “reasonably acting” standard from the animal abuse law. The appellate court agreed, finding that section 351.27 provides an absolute defense to a charge of animal abuse under section 717B.2. |
State v. Wilson | --- P.3d ----, 2019 WL 4955178 (Wash. Ct. App. Oct. 8, 2019) | Defendant Robert Wilson appeals his conviction of first degree animal cruelty, which arose from an incident at an archery club when Wilson shot a large dog in the hindquarters (70lb. "Dozer") with an arrow after that dog attacked Wilson’s small dog ("Little Bit"). (Dozer recovered from his injuries.) Wilson argues that his action was lawful under RCW 16.08.020, which states that it is lawful for a person to kill a dog seen chasing, biting, or injuring a domestic animal on real property that person owns, leases, or controls. The trial court declined to give defendant's proposed jury instruction based on this statutory language, finding that it only applied to stock animals and not when a dog was injuring another dog. The court did, however, permit the common law defense that allows owners to take "reasonably necessary action" in defense of their animals, which the State must then disprove beyond a reasonable doubt. On appeal, this court noted that no Washington court has interpreted RCW 16.08.020 in a published case. Under common law cases that allow a person to kill an animal to defend his or her property, the court found those cases require the killing be "reasonably necessary." While the parties dispute whether the statute requires that the actions be "reasonably necessary," the appellate court first found Wilson was still not entitled to a dismissal of charges because he could not establish that the location where he shot the arrow at Dozer was land that he "owned, leased, or had control over" per the statute. As to the Wilson's next argument that the trial court erred in not giving his proposed instruction for RCW 16.08.020, the appellate court agreed. While the trial court found that the statute only applied to stock animals, the appellate court noted that the law does not define the term "domestic animal." Using the plain dictionary meaning for "domestic" - "belonging to or incumbent on the family" - and for "domestic animal," this court stated that "Little Bit certainly belonged to Wilson's family" and a dog fits the meaning of "domestic animal." Finally, the court found that the "reasonably necessary" requirement from the common law cases on shooting domestic animals cannot be grafted onto the statutory requirements of RCW 16.08.020. Thus, the trial court's refusal to give defendant's proposed instruction based on RCW 16.08.020 cannot be grounded in the reasonably necessary common law requirement. The trial court's refusal to give the proposed instruction was not harmless. As such, the appellate court reversed Wilson's conviction and remanded the action for further proceedings. |
Steagald v. Eason | 797 S.E.2d 838 (2017) |
In this case, Gary and Lori Steagald sued the Eason family, alleging that the Easons failed to keep their dog properly restrained and were therefore liable under OCGA § 51-2-7. Lori Steagald suffered injuries after the Easons dog attacked her while she was visiting the Easons home. The Easons filed a motion for summary judgment on the basis that they had no reason to know that the dog was vicious or dangerous and therefore were not liable under the statute. Both the trial court and Court of Appeals affirmed the motion for summary judgment. On appeal, the Supreme Court of Georgia reversed the lower court’s decision. Ultimately, the Supreme Court of Georgia found that the Eason family was liable under the statute because they did have reason to believe that the dog could potentially be vicious or dangerous. The Court focused on the fact that the dog had previously “growled and snapped” at the Easons while being fed. The Court held that although the dog had never bit anyone prior to Lori Steagald, it was reasonable to assume that the dog could potentially bite and injure someone given the fact that it had a history of snapping and growling. As a result, the Court reversed the Easons motion for summary judgment and determined that the question of whether or not the Easons are liable under the statute is a question for the jury. |
Stennette v. Miller | 316 Ga.App. 425, 729 S.E.2d 559 (Ga.App., 2012) |
Plaintiff Stennette was providing in-home nursing care while she was bitten multiple times by Defendant Miller's dog. Stennette appeals from the trial court's grant of summary judgment to Miller in Stennette's personal injury action. This Court affirmed that decision because Stennette failed to provide adequate evidence showing triable issues on whether the dog had a vicious propensity and whether Miller knew of that propensity. However, the Court reversed the grant of summary judgment as to Miller on Stennette's claim that Miller negligently performed a voluntarily-undertaken duty to keep the dog away from her when she was at the house, because the evidence created genuine issues of material fact as to this claim. |
Stolte v. Hammack | 716 S.E.2d 796 (Ga. App., 2011) |
After home owner’s roommate was attacked by a pit bull inside the home, the victim filed suit against owner under the vicious animal and the premises liability statutes. The Court of Appeals held that, because the roommate knew about the dog’s vicious propensity to the same extent as the owner, the owner was not liable. Plaintiff must present evidence that the owner had superior knowledge of the dog's temperament for the owner to be liable. |
Strickland v. Pinellas Cty. | --- So.3d ----, 2018 WL 6518761 (Fla. Dist. Ct. App. Dec. 12, 2018) | Andy G. Strickland appealed an order dismissing with prejudice his complaint for declaratory relief against Pinellas County. The request stems from letters he received from Animal Services of Pinellas County about his dog. Strickland and a neighbor were involved in a dispute after their dogs attacked each other. The neighbor filed a complaint with Animal Services claiming that Strickland's dog was the "aggressor dog" and then sent a letter to the Pinellas County Board of Commissioners. The County then sent two letters to Strickland, the first informing him that his dog had exhibited dangerous propensities, and the second, from an assistant county attorney, informing him of the possible criminal ramifications for keeping a dangerous dog or being an "Irresponsible Pet Owner" under the county code. As a result of these letters, Strickland filed a complaint in circuit court saying that he was not afforded any opportunity to dispute those claims and that he is entitled to have the threat of criminal prosecution removed. The County moved to dismiss Strickland's complaint arguing that he failed to allege a justiciable controversy and a bona fide dispute between the County and him. The County claimed that there were no legal findings made with respect to Strickland's dog and that the letters were possible ramifications and explanations of law. The trial court agreed and granted the County's motion, finding the letters were not accusatory and the case presented no justiciable issue. On appeal here, this court upheld the lower court's order because Strickland's allegations did not present a bona fide dispute. Both letters emphasized that his dog had not been classified as dangerous and that no action was being taken by the county. A speculative fear by Strickland that he may be subject to future consequences does not warrant declaratory relief and does not show imminent danger of prosecution. Thus, the trial court correctly dismissed Strickland's complaint. Affirmed. |
Swanson v. Tackling | 335 Ga. App. 810 (2016) | This is an interlocutory appeal by the dog owners (the Swansons) in a personal injury lawsuit for a dog bite. The court in this case overruled the lower court’s ruling that the defendant was not entitled to summary judgement after defendant’s dog bit a child but the dog had never shown a propensity to injure anyone prior to the incident. Plaintiff was suing defendant after defendant’s dog bit plaintiff’s child on the arm and head. Plaintiff argued that defendant is responsible for the injuries caused by the dog because the defendant neglected to properly restrain the dog. The court reversed the lower court’s decision and held in favor of defendant, stating that there was no evidence that was presented to indicate that defendant could have or should have known that the dog would act in this way towards the child. In order to prevail, the plaintiff needed to present evidence that the dog had acted in a similar way in the past. |
Tarquinio v. City of Lakewood, Ohio (unpublished) | Slip Copy, 2011 WL 4458165 (N.D.Ohio) |
Plaintiffs sought a declaratory judgment from the court that Lakewood City Ordinance (“LCO”) 506.01, which bans pit bull dogs or those dogs with "appearance and characteristics of being predominantly of such breeds," unconstitutional under the Ohio Constitution Home Rule provisions. In this motion, plaintiffs argue that LCO 506 conflicts with and impermissibly expands the provisions of Ohio Revised Code § 955.22. The court found that while § 955.22 outlines requirements that must be met by a person who houses vicious dogs, including all pit bulls, it does not explicitly permit pit bulls. The court found that the General Assembly intended to allow municipalities to regulate the possession of pit bulls. |
Terral v. Louisiana Farm Bureau Cas. Ins. Co. | 892 So.2d 732 (La.,2005) |
A motorcyclist hit a dog wandering on the road and sued the defendant under strict liability theory. The court found that the defendant was strictly liable because he owned the dog in fact. Although the dog was originally a stray, the court upheld a finding of ownership because the defendant regularly fed the dog and harbored it on his property. |
Thurber v. Apmann | 91 A.D.3d 1257 (N.Y.A.D. 3 Dept., 2012) |
In 2007, the plaintiff and defendant were walking their respective dogs when one of defendant's two dogs, a retired K-9 dog, attacked the plaintiff's dog. Plaintiff sued defendant for damages she received as a result. While each dog did received "handler protection" training (where a K-9 dog is trained to react to an aggressive attack on defendant while on duty), that situation had never arisen because the dogs acted in passive roles as explosive detection dogs. Plaintiff countered that the severity of the attack coupled with the dogs' breed and formal police training should have put defendant on notice of the dogs' vicious propensities. In affirming the summary judgment, this court found that the formal police training was not evidence of viciousness and there was no support to plaintiff's assertion that defendant kept the dogs as "guard dogs." |
Tighe v. N. Shore Animal League Am. | 36 N.Y.S.3d 500 (N.Y. App. Div. 2016) |
In this New York case, the defendant appeals denial of its motion for summary judgment. Plaintiff filed an action to recover damages for personal injuries after the dog she adopted from defendant-North Shore Animal League America bit plaintiff's face causing severe personal injuries. Plaintiff alleges causes of action that include negligence, breach of the implied warranty of merchantability, and intentional infliction of emotional distress, and interposed a claim for punitive damages. After defendant opposed the filing, plaintiff submitted evidence that the dog previously had been returned to defendant animal shelter after biting another individual in the face. This court noted that, under long-standing rule, the owner of a domestic animal who knew or should have known of the animal's vicious propensities is liable for harm. However, here, even if defendant failed to disclose the dog's vicious propensities, that breach was not the proximate cause of plaintiff's injuries. In fact, the dog showed aggressive behavior during the three-and-a-half months the plaintiff owned the dog (including a previous bite to plaintiff's hand). This, in effect, placed the plaintiff on notice of the dog's vicious propensities. The court found that the lower court erred by not granting defendant's motion for summary judgment. With regard to the reach of the implied warranty of merchantability, the court found that even if a transaction from an animal shelter is subject to the warranty, the plaintiff failed to notify defendant of the "nonconformity of the goods" (to wit, the dog) within a reasonable period of time. The order was reversed. |
Tighe v. North Shore Animal League | 142 A.D.3d 607, 36 N.Y.S.3d 500 (N.Y. App. Div. 2016) | In May 2012, Tighe adopted a dog from the North Shore Animal League after having been warned that the dog was possessive regarding food. After taking the dog home, Tighe noticed that the dog exhibited aggressive behavior, such as jumping at the backyard fence and growling at her when she attempted to feed the dog. In July of 2012, the dog bit Tighe’s hand when she tried to pick up a cookie off of the floor. As a result, Tighe spent three days in the hospital due to severe blood loss and swelling. Additionally, in September of 2012, the dog bit Tighe in the face causing severe injuries. After the incident in September, Tighe filed suit against the North Shore Animal League to recover damages for negligence, breach of implied warranty of merchantability, and intentional infliction of emotional distress. The court dismissed the claim of emotional distress but granted summary judgment in favor of Tighe with regard to the other claims of negligence. The North Shore Animal League appealed the lower court’s decision. Ultimately, the Supreme Court of New York overturned the lower court’s decision and granted summary judgment in favor of the North Shore Animal League on all claims. The court found that the North Shore Animal League was not a proximate cause to Tighe’s injuries for failing to adequately warn her about the dog’s aggreesive behavior because Tighe learned of the dog’s aggressive behavior three months prior to the incident that caused Tighe’s injuries. According to the court, once Tighe learned of the dog’s aggressive tendencies, she was in the best position to take “precautionary measures to prevent harm to herself.” So, even if the North Shore Animal League had failed to warn Tighe of the dog’s aggressive tendencies prior to the adoption, Tighe “independently” learned of the dog’s aggressive behavior prior to the incident which eliminated the North Shore Animal League as being a proximate cause of her injuries. |
Toledo v. Tellings | 871 N.E.2d 1152 (Ohio, 2007) |
In this Ohio case, the defendant, who owned three pit bull type dogs, was convicted in the Municipal Court, Lucas County, of violating the Toledo city ordinance that limited ownership to only one pit bull per household. On appeal by the City, the Supreme Court found the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls. The evidence presented in the trial court supports the conclusion that pit bulls pose a serious danger to the safety of citizens. The statutes and the city ordinance are rationally related to serve the legitimate interests of protecting Ohio and Toledo citizens. |
Toledo v. Tellings - Reversed - 871 N.E.2d 1152 (Ohio, 2007) | Slip Copy, 2006 WL 513946 (Ohio App. 6 Dist.), 2006-Ohio-975 |
Reversed - 871 N.E.2d 1152 (Ohio, 2007). In this Ohio case, defendant, who owned three pit bull type dogs, was convicted in the Municipal Court of violating city ordinance limiting ownership to only one pit bull per household, and of violating statute requiring owner of a "vicious dog" to provide liability insurance. On appeal, the court held that the statute requiring an owner of a pit bull to provide liability insurance was unconstitutional. Further, the statute, which provides that the ownership of a pit bull is prima facie evidence of the ownership of a vicious dog, was unconstitutional because after hearing evidence the trial court found that pit bulls as a breed are not inherently dangerous. Thus, the court held that R.C. 955.11(A)(4)(a)(iii) is unconstitutional, since it has no real and substantial relationship to a legitimate state interest. |
Town of Ogden v. Lavilla | 185 A.D.3d 1414, 126 N.Y.S.3d 832 (2020) | This matter involves an appeal of an order for euthanasia of respondent's dog. The Justice Court of the Town of Ogden found respondent's dog to be dangerous under Agriculture and Markets Law § 123 and ordered the dog to be euthanized. On appeal, the Supreme Court, Appellate Division, Fourth Department agreed with respondent that the lower court misapprehended and misapplied the law. The court found the power to apply the most drastic measure (euthanasia) under Section 123 is reserved for aggravating circumstances, namely a serious disfigurement. The court noted that emotional trauma is not a factor in determining whether a victim has been disfigured. In addition, the language of the law is permissive, not mandatory; even with aggravating circumstances, a court may direct other measures to keep the dog contained. The court noted that the lower court repeatedly misstated the law, saying it only had two options, euthanasia or permanent confinement. As a result, this court modified the by vacating that part affirming the order of the Justice Court insofar as it directed that respondent's dog be euthanized, and remitting to the Justice Court for a determination whether petitioner established the existence of an aggravating circumstance and for the imposition of remedial measures as permitted by statute. |
Tracey v. Solesky | Not Reported in A.3d, 2012 WL 1432263 (Md.,2012) |
In this Maryland case, the Court of Appeals establishes a new standard of liability for a landlord who has knowledge of the presence of a pit bull or cross-bred pit bull dog and also modifies the common law liability as it relates to the pit bull breed of dogs. In doing so, the Court now holds that because of the "aggressive and vicious nature and its capability to inflect serious and sometimes fatal injuries," pit bull dogs and cross-bred pit bulls are now categorized as "inherently dangerous." Upon a plaintiff's sufficient proof that an attacking dog is a pit bull or pit bull mix, a person who knows that the dog is of the pit bull breed, including a landlord, is strictly liable for damages caused to the plaintiff who was attacked. The case was remanded to trial court with this modification to common law. This opinion was Superseded by Tracey v. Solesky , 427 Md. 627 (Md., 2012). |
Tracey v. Solesky | 50 A.3d 1075 (Md., 2012) |
In this Maryland case, the Court of Appeals establishes a new standard of liability for a landlord who has knowledge of the presence of a pit bull or cross-bred pit bull dog and also modifies the common law liability as it relates to the pit bull breed of dogs. In doing so, the Court now holds that because of the "aggressive and vicious nature and its capability to inflect serious and sometimes fatal injuries," pit bull dogs and cross-bred pit bulls are now categorized as "inherently dangerous." Upon a plaintiff's sufficient proof that an attacking dog is a pit bull or pit bull mix, a person who knows that the dog is of the pit bull breed, including a landlord, is strictly liable for damages caused to the plaintiff who was attacked. The case was remanded to trial court with this modification to common law. |
Trager v. Thor | 516 N.W.2d 69 (Mich.,1994) |
In this Michigan case involving an action for damages after personal injury, the father of the dog’s owner was visiting his son's home when he agreed to supervise the dog while his son and daughter-in-law went shopping. The n eighbor’s child was subsequently bitten by the dog, which had been put by defendant into a bedroom. This court held that the defendant, as a temporary caretaker of the dog, could not be held to the strict liability standard of an owner keeper, but could be liable under theory of negligence. Thus, a genuine issue of material fact remained as to whether the father was negligent in fulfilling his duty of care in supervising the dog, which precluded summary judgment in a negligence action. |
Tran v. Bancroft | 648 So.2d 314 (Fla.App. 4 Dist.,1995) |
In this Florida case, a tenant's next-door neighbor, who was bitten by tenant's dog when it leaped over fence and then attacked the neighbor on property not owned by landlord, brought a personal injury suit against the landlord. The appellate court upheld a motion of summary judgment in favor of the defendant non-owner. The court found that t he existence of a duty in a negligence action is a question to be decided as a matter of law. Although the so-called "dog bite" statute, section 767.04, Florida Statutes (1993) controls actions against a dog's owner, actions against a non-owner must be brought upon a theory of common law liability. Essentially, a landlord has no duty to prevent injuries to third parties caused by a tenant's dog away from leased premises. |
Trautman v. Day | 273 N.W.2d 712 (N.D. 1979) |
In Trautman v. Day, 273 N.W. 2d 712 (N.D. 1979), defendant shot plaintiff’s dog when it ran through defendant’s herd of cows. The court affirmed a verdict of $300 for plaintiff’s dog. In addition, the Court declined to apply the defense of immunity based on a statute concerning the “worrying of livestock. |
Turner v. Ferguson | 432 F. Supp. 3d 876 (E.D. Wis. 2020) | On March 5, 2017 Lori turner was attacked by her neighbor’s (“Arndt”) dog which required her to receive 11 staples to close the wound on her scalp. She also suffered bites on her shoulder and wrist that would later require surgery. Pursuant to local regulations, the neighbor’s dog was quarantined for a ten-day period. Lori mentioned to officers that the City of Gelndale had recently enacted an ordinance that allowed for an officer to declare a dog vicious which then required the owner of the dog to adhere to certain requirements like securing the dog in a kennel when it was outdoors and maintaining liability insurance for dog bites. On March 14, 2017, Officer Ruppel issued a citation to Ardnt under a Glendale ordinance for damage caused by dogs, however, he did not declare the dog vicious under the vicious-dog ordinance. Officer Ruppel reasoned during deposition that he chose not to do so because he considered Ardnt grabbing the dog by the neck and Lori walking up and petting the dog (prior to Ardnt’s action) provocation. Lori filed suit against the officers she interacted with over the course of the next year claiming that the officers denied her equal protection of the law by refusing to declare Arndt’s dog vicious and by failing to protect her from loose dogs in the neighborhood. Lori had repeatedly contacted the police department over the course of a year about how she did not like the outcome of her dog bite case and about loose dogs in the neighborhood. Lori specifically alleged that the officers treated her with animus. The Court ultimately found that the evidence in the record did not support a class-of-one equal protection claim. Officer Ruppel’s decision to not declare Ardnt’s dog vicious was supported by a rational basis. Additionally, no evidence existed that suggested that the Glendale police department intentionally and irrationally treated Lori’s complaints about loose dogs in the neighborhood differently than it treated similar complaints by other citizens. The Defendant’s motion for summary judgment was granted. |
University Towers Associates v. Gibson | 846 N.Y.S.2d 872 (N.Y.City Civ.Ct. 2007) |
In this New York case, the petitioner, University Towers Associates commenced this holdover proceeding against the rent-stabilized tenant of record and various undertenants based on an alleged nuisance where the tenants allegedly harbored pit bulls. According to petitioner, the pit bull is an alleged “known dangerous animal” whose presence at the premises creates an threat. The Civil Court of the City of New York held that the landlord's notice of termination did not adequately apprise the tenant of basis for termination; further, the notice of termination and the petition in the holdover proceeding did not allege objectionable conduct over time by the tenant as was required to establish nuisance sufficient to warrant a termination of tenancy.
|
Van Kleek v. Farmers Insurance Exchange | 857 N.W.2d 297 (Neb., 2014) | Plaintiff agreed to watch a couple’s dog while they were out of town. While plaintiff was caring for the dog, the animal bit her on her lower lip. Plaintiff filed a claim with the couple's insurance company. The insurance company rejected the claim because the plaintiff was also "insured," defined to include “any person ... legally responsible” for covered animals, and the policy excluded coverage for bodily injuries to "insureds." Plaintiff filed an action for declaratory judgment against the insurance company, seeking a determination that the policy covered her claim. The insurance company moved for summary judgment, and the district court sustained the insurance company's motion, reasoning that plaintiff was “legally responsible” for the dog because she fed and watered the animal and let it out of the house while the couple was away. The Supreme Court of Nebraska affirmed and held the insurance company was entitled to summary judgment. |
Vanater v. Village of South Point | 717 F. Supp. 1236 (D. Ohio 1989) |
Village criminal ordinance, which prohibited the owning or harboring of pit bull terriers or other vicious dogs within village limits, was not overbroad, even though identification of a "pit bull" may be difficult in some situations, as there are methods to determine with sufficient certainty whether dog is a "pit bull.". |
Volosen v. State | 227 S.W.3d 77 (Tex. Crim. App., 2007) |
Appellant killed neighbor's miniature dachshund with a maul when he found it among his chickens in his backyard, and he defends that Health & Safety Code 822 gave him legal authority to do so. At the bench trial, the judge found him guilty of animal cruelty, but on appeal the court reversed the conviction because it found that the statute gave him legal authority to kill the attacking dog. However, this court held that appellant did not meet his burden of production to show that the statute was adopted in Colleyville, TX and found as a matter of fact that the dog was not "attacking." |
Volosen v. State | 227 S.W.3d 77 (Tx.Crim.App. 2007) |
The appellant/defendant mauled a miniature dachshund to death after the dog entered a yard where the appellant kept his chickens. The State of Texas prosecuted the appellant/defendant for cruelty to animals on the ground that the appellant/defendant killed the dog without legal authority. The appellant/defendant, however, argued that section 822.033 of the Texas Health and Safety Code, an entirely different statute, provided that authority. After the appeals court reversed the district court’s decision to convict the defendant/appellant, the Texas Court of Criminal Appeals found that the appellant/defendant had failed to meet his burden of production to show the applicability of his claimed defense and thus reversed the court of appeals’ judgment and remand the case back to that court. |
Volosen v. State | 192 S.W.3d 597(Tex.App.-Fort Worth, 2006) |
In this Texas case, the trial court found Appellant Mircea Volosen guilty of animal cruelty for killing a neighbor's dog. The sole issue on appeal is whether the State met its burden of presenting legally sufficient evidence that Volosen was "without legal authority" to kill the dog. By statute, a dog that "is attacking, is about to attack, or has recently attacked ... fowls may be killed by ... any person witnessing the attack." The court found that no rational trier of fact could have determined beyond a reasonable doubt that the dog was not attacking or had not recently attacked chickens in a pen in Volosen's yard; thus, the evidence is legally insufficient to establish that Volosen killed the dog "without legal authority" as required to sustain a conviction for animal cruelty. Judgment Reversed by Volosen v. State , 227 S.W.3d 77 (Tex.Crim.App., 2007). |
Vosburgh v. Kimball | 285 A.2d 766 (Vt. 1971) |
This case involves an action by a dog owner against farmer for wrongfully impounding dogs and against town constable for wrongfully killing the dogs. The Vermont Supreme Court held that farmer had acted in a reasonable and prudent manner by contacting the constable, where he never intended to "impound" the dogs when he secured them overnight in his barn after finding them in pursuit of his injured cows. However, the issue of whether the dogs were wearing a collar as required by state law precluded the granting of a directed verdict for the constable. (Under state law, a constable was authorized to kill dogs not registered or wearing a prescribed collar.) The court held that it was necessary for the jury to make this determination. |
Vukic v. Brunelle | 609 A.2d 938 (R.I. 1992) | This case involves a defendants' appeal from a judgment entered in the Superior Court wherein the dog officer of the town of Lincoln was found to have negligently destroyed a Great Dane dog and her pup. The court held that the Rhode Island statute that mandated an officer kill a dog at large preempted the local ordinance that allowed impoundment. Despite the dog owners' arguments that the statute was outdated and archaic, the court refused to invalidate it. It thus reversed the jury award to the dog owners. |
Wade v. Rich | 618 N.E.2d 1314 (Ill.App. 5 Dist.,1993) |
Plaintiff sued dog owners for injuries from a dog attack. The jury ruled in favor of plaintiff for medical expenses, and plaintiff sought a new trial as to damages only. The court held that a new trial on damages was appropriate because the jury's failure to award damages for pain and suffering was against the manifest weight of evidence as defendant's liability was established by the viciousness of the dog repeatedly biting plaintiff about the head and face, which was out of proportion to the unintentional act of plaintiff falling onto the sleeping dog. Unintentional or accidental acts can
|
Warboys v. Proulx | 303 F.Supp.2d 111 (D. Conn. 2004) |
Pitbull owner filed suit seeking compensatory damages arising from the shotting and killing of his dog by police. Defendants removed the action based on federal question jurisdiction and moved for summary judgment, and the dog owner moved to amend the complaint. Motions granted. |
Ward v. Hartley | 895 A.2d 1111 (Md.App., 2006) |
In this Maryland case, a dog bite victim filed a negligence and strict liability action against the dog owners and their landlords. In plaintiff's appeal of the trial court's granting of defendant's motion for summary judgment, the appellate court held that the landlords had no control over the premises where the "dangerous or defective condition" existed and thus had no duty to inspect. The court found that first, no statute, principle of common law, or provision in the lease imposed upon the landlord the duty to inspect the leased premises to see if a vicious animal was being kept. Second, there was no evidence presented that, at the time the lease was signed by the landlord, he knew, or would have had any way of knowing, that a vicious animal was to be kept on the premises. |