Tighe v. North Shore Animal League
Summary: 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 Tigheâs 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 courtâs decision. Ultimately, the Supreme Court of New York overturned the lower courtâs 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 Tigheâs injuries for failing to adequately warn her about the dogâs aggreesive behavior because Tighe learned of the dogâs aggressive behavior three months prior to the incident that caused Tigheâs injuries. According to the court, once Tighe learned of the dogâs aggressive tendencies, she was in the best position to take âprecautionary measures to prevent harm to herself.â So, even if the North Shore Animal League had failed to warn Tighe of the dogâs aggressive tendencies prior to the adoption, Tighe âindependentlyâ learned of the dogâs aggressive behavior prior to the incident which eliminated the North Shore Animal League as being a proximate cause of her injuries.