Dangerous Dog

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Title Summary

Title	Summary
Zelman v. Cosentino	A repairman was knocked over by a dog while working on a telephone line in the neighbor's yard. The repairman brought claims against the dog's owner under under theories of strict liability and negligence. The trial court granted summary judgment in favor of the dog's owner and the Court of Appeals affirmed.
Zuniga v. San Mateo Dept. of Health Services (Peninsula Humane Soc.)	In this California case, the owner of a dog that had been seized pending criminal dogfighting charges sought a writ of mandate challenging a county hearing officer's decision finding that puppies born to the dog while she was impounded were dangerous animals. The trial court denied the writ. The Court of Appeal reversed and held that there was insufficient evidence that the puppies were “dangerous animals." The evidence received by the hearing officer relates mainly to appellant's actions and his mistreatment of the parent animal, and the only evidence relevant to the puppies' “inherent nature” was the observed aggressive behavior toward each other while caged together and certain possible assumptions about their nature from the condition and use of their mother.

A repairman was knocked over by a dog while working on a telephone line in the neighbor's yard. The repairman brought claims against the dog's owner under under theories of strict liability and negligence. The trial court granted summary judgment in favor of the dog's owner and the Court of Appeals affirmed.

Zuniga v. San Mateo Dept. of Health Services (Peninsula Humane Soc.)

In this California case, the owner of a dog that had been seized pending criminal dogfighting charges sought a writ of mandate challenging a county hearing officer's decision finding that puppies born to the dog while she was impounded were dangerous animals. The trial court denied the writ. The Court of Appeal reversed and held that there was insufficient evidence that the puppies were “dangerous animals." The evidence received by the hearing officer relates mainly to appellant's actions and his mistreatment of the parent animal, and the only evidence relevant to the puppies' “inherent nature” was the observed aggressive behavior toward each other while caged together and certain possible assumptions about their nature from the condition and use of their mother.

Dangerous Dog

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