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Abundant Animal Care, LLC v. Gray |
While either shadowing her aunt or during her first day working at the veterinary clinic, the plaintiff was bitten three times by a dog she had taken outside to exercise. Plaintiff subsequently filed numerous claims against the veterinary clinic, including: negligence; negligence per se; nuisance; and violation of a premise liability and a dangerous dog statute. After the lower court denied defendant's motion for summary judgment, the defendant appealed to the Georgia appellate court. The appeals court stated that in a dog bite case, the plaintiff needed to produce evidence that the dog had a vicious propensity. Since the plaintiff failed to produce such evidence, the court held the defendant should have been granted a motion for summary judgment on its premise liability, nuisance, dangerous dog statute, and negligence per se claims. As for the negligence claim, the court held the defendant should have been granted a motion for summary judgment because the plaintiff was not aware of internal procedures to protect invitees and because the injuries were not proximately caused by negligent supervision. The lower court's judgment was therefore reversed.
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AK - Bite - § 03.55.030. Dogs that annoy or bite animals or birds |
This Alaska statute provides that any dog that habitually annoys any wild deer, reindeer, sheep, cattle, horse, or other animal or bird either domestic or wild, or evinces a disposition which makes it likely that it will without provocation bite an animal or fowl, may be lawfully killed by any person when it is found at large. The owner or keeper of the dog, if known or reasonably identifiable, shall be notified and given reasonable opportunity to restrain the dog before it is lawful to kill it. |
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AK - Dogs - Title 3. Agriculture and Animals. Chapter 55. Dogs. |
This collection reflects Alaska's dog laws. The primary dog laws give permission to kill dangerous dogs that are running at large or those that are chasing livestock. It also defines a dangerous dog - "Any dog which when unprovoked has ever bitten or attacked a human being is considered vicious . . ." Notably, "[a]ny person may lawfully kill any vicious or mad dog running at large." This section also allows a village council of an unincorporated village to destroy loose dogs in the village or otherwise control dogs to the extent authorized first class cities. Other laws concern the state dog and harming police dogs. |
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AK - Ordinances - § 03.55.070. Power of village council to control dogs |
This Alaska statute enables a village council the power to destroy loose dogs in the village and otherwise control dogs to the extent authorized first class cities. The council may impose and enforce the provisions of a dog control ordinance in the total area within 20 miles of the village. |
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AL - Dangerous Dog - Part 3 Animal Control Chilton County |
This section of laws applies only to Chilton County. An animal control officer or law enforcement officer of the county shall investigate any incidents involving any dog reported to be dangerous or a nuisance in the unincorporated areas of the county. If an unowned dog has been reported to be dangerous and bites a person, the dog may be quarantined and destroyed pursuant to Section 3-7A-9(b). In addition, if there is probable cause to believe that an owned dog is dangerous or a nuisance and has caused serious physical injury or has caused damage to real or personal property, the law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous or a nuisance. A following section details the requirements for an owner of a dog that has been declared dangerous or a nuisance. |
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AL - Dog - Chapter 49. Mobile County Dog Laws |
These are laws specific to Mobile County in Alabama. The first set of laws concern the regulation of dangerous or nuisance dogs in the county. An animal control officer or law enforcement officer of Mobile County shall investigate any incidents involving any dog reported to be dangerous or a nuisance in the unincorporated areas of Mobile County. If there is probable cause to believe that an owned dog is dangerous or a nuisance and has caused serious physical injury or has caused damage to real or personal property, the law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous or a nuisance. The next law (§ 45-49-231) concerns theft of dogs in the county. Any person who picks up a dog wearing a collar and name plate bearing the name and address of the owner of the dog shall make contact with the owner and deliver the dog to the owner, or return the dog to the place where the dog was picked up. If the person fails to carry out this section, he or she shall be subject to arrest and prosecution for the crime of theft as provided in Chapter 8 of Title 13A. |
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AL - Dog - Consolidated Dog Laws |
These statutes comprise Alabama's relevant dog laws. Included among the provisions are licensing requirements, dangerous dog provisions, and the chapter on rabies. |
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AL - Dog Bite/Dangerous Animal - Liability of Owners of Dogs Biting or Injuring Persons. |
These Alabama statutes outline the state's dog bite law. The law first provides that, when any person owns or keeps a vicious or dangerous animal of any kind and, as a result of his or her careless management or allowing the dog to go at liberty, and another person, without fault is injured, such owner shall be liable in damages for such injury. If any dog shall, without provocation, bite or injure any person who is at the time at a place where he or she has a legal right to be, the owner of such dog shall be liable in damages to the person so bitten or injured. This apparent strict liability has a mitigation provision that states that the owner of such dog shall be entitled to plead and prove in mitigation of damages that he had no knowledge of any circumstances indicating such dog to be or to have been vicious or dangerous. If an owner, however, is aware that his or her dog is rabid at the time of the bite, he or she shall be liable for twice the damages sustained. |
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Allanson v. Toncich |
Appeal uphold the judgement against the dog owner for damages, but recalculates damages upward.
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Allen v. Camp |
Defendant shot and killed Plaintiff's dog, which had bitten Defendant's daughter several days earlier, for the purpose of sending the dog's head to a laboratory for examination for rabies. The Court of Appeals of Alabama found that Plaintiff's wife's injuries were too remote to be compensable, when the wife was not home at the time of the incident and became excited and hysterical upon hearing of the incident several hours later. The Appeals Court also held that although one may protect himself or his family from injury by a dog or other animal when on his own private property or on public property, the destruction of an animal is wrongful when the danger of attack and subsequent injury by that animal no longer exists, and where the animal is not trespassing.
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