Breed Specific Legislation

Carter v. Metro North Associates

Summary:

In this New York case, a tenant sued his landlords for injuries after he was bitten on face by pit bull owned by another tenant. The lower court denied the landlords' motion for summary judgment and granted partial summary judgment for tenant on issue of liability. On appeal, the Supreme Court, Appellate Division held that the trial court erroneously took judicial notice of vicious nature of breed of pit bulls as a whole. In fact, the court found that the IAS court "erred in circumventing the requirement for evidence concerning the particular animal by purporting to take judicial notice of the vicious nature of the breed as a whole." Thus, the landlords were not strictly liable for the tenant's injuries where there was no evidence indicating that the dog had ever attacked any other person or previously displayed any vicious behavior.

In this New York case, a tenant sued his landlords for injuries after he was bitten on face by pit bull owned by another tenant. The lower court denied the landlords' motion for summary judgment and granted partial summary judgment for tenant on issue of liability. On appeal, the Supreme Court, Appellate Division held that the trial court erroneously took judicial notice of vicious nature of breed of pit bulls as a whole. In fact, the court found that the IAS court "erred in circumventing the requirement for evidence concerning the particular animal by purporting to take judicial notice of the vicious nature of the breed as a whole." Thus, the landlords were not strictly liable for the tenant's injuries where there was no evidence indicating that the dog had ever attacked any other person or previously displayed any vicious behavior.

DeVaul v. Carvigo Inc.

Summary:

This New York case involved a dog bite victim who brought an action against the owner to recover for personal injuries. The Supreme Court, Nassau County entered judgment in favor of owner. On appeal with the Supreme Court, Appellate Division, the court held that the viciousness of German shepherd dogs was not appropriate subject of judicial notice. The court found that there is no authority for the proposition that judicial notice should be taken "as to the ferocity of any particular type of domestic animal."

This New York case involved a dog bite victim who brought an action against the owner to recover for personal injuries. The Supreme Court, Nassau County entered judgment in favor of owner. On appeal with the Supreme Court, Appellate Division, the court held that the viciousness of German shepherd dogs was not appropriate subject of judicial notice. The court found that there is no authority for the proposition that judicial notice should be taken "as to the ferocity of any particular type of domestic animal."

Motta v. Menendez

Summary:

This New York case arose following an incident that occurred on December 13, 2003, in which the appellant's two pit bull terriers entered the petitioner's property, and one of appellant's dogs ("Duke") attacked and injured the petitioner's pet dog. Following a special proceeding, the lower court determined that appellant's pit bull terrier named “Duke” was a dangerous dog and directed that it be destroyed. On appeal, the Supreme Court, Appellate Division found that the dangerous dog statute in effect on December 13, 2003, did not provide that one dog attacking another was conduct subject to the penalty of destruction (Agriculture and Markets Law former §§ 108, 121).

This New York case arose following an incident that occurred on December 13, 2003, in which the appellant's two pit bull terriers entered the petitioner's property, and one of appellant's dogs ("Duke") attacked and injured the petitioner's pet dog. Following a special proceeding, the lower court determined that appellant's pit bull terrier named “Duke” was a dangerous dog and directed that it be destroyed. On appeal, the Supreme Court, Appellate Division found that the dangerous dog statute in effect on December 13, 2003, did not provide that one dog attacking another was conduct subject to the penalty of destruction (Agriculture and Markets Law former §§ 108, 121).

Garcia v. Village of Tijeras

Summary:

Plaintiffs appeal from a judgment upholding the constitutionality of an ordinance of the Village of Tijeras, New Mexico banning the ownership or possession of a breed of dog “known as American Pit Bull Terrier.” The District Court of Bernalillo County upheld the ordinance and plaintiffs appealed. The Court of Appeals found that plaintiffs had notice that the ordinance proscribes the conduct in which they were engaged; thus, it was not void for vagueness. With regard to the argument that the ordinance violated substantive due process, the court found that ordinance was rationally related to legitimate village purpose of protecting the health and safety of the community. Finally, the court found that the ordinance did not violate procedural due process where the ordinance provides that a hearing is held after impoundment to determine whether the dog is a pit bull.

Plaintiffs appeal from a judgment upholding the constitutionality of an ordinance of the Village of Tijeras, New Mexico banning the ownership or possession of a breed of dog “known as American Pit Bull Terrier.” The District Court of Bernalillo County upheld the ordinance and plaintiffs appealed. The Court of Appeals found that plaintiffs had notice that the ordinance proscribes the conduct in which they were engaged; thus, it was not void for vagueness. With regard to the argument that the ordinance violated substantive due process, the court found that ordinance was rationally related to legitimate village purpose of protecting the health and safety of the community. Finally, the court found that the ordinance did not violate procedural due process where the ordinance provides that a hearing is held after impoundment to determine whether the dog is a pit bull.

Holcomb v. Colonial Associates, L.L.C.

Summary:

This North Carolina case involves the issue of whether a landlord can be held liable for negligence when his tenant's dogs injure a third party where a landlord has agreed by contract to remove "undesirable" dogs.  Under the terms of the lease, the tenant, Olson, could keep one Rottweiler dog on the property.  It was also stipulated that the landlord could require removal of any "undesirable" pets with 48-hour's notice.  The dogs in the instant action attacked a contractor who was making an estimate on some of the rental homes, and, according to testimony, had committed two prior attacks.  The court concluded that the Court of Appeals erred, in that the plaintiff was not required to show Colonial was an owner or keeper of the dogs in order to show Colonial was negligent; that requirement is limited only to strict liability actions.  As a result, the court found Colonial failed to use ordinary care by failing to require the defendant Olson to restrain his Rottweiler dogs, or remove them from the premises when the defendant knew, or in the exercise of reasonable care, should have known, from the dogs' past conduct, that they were likely, if not restrained, to do an act from which a reasonable person could foresee.  Of particular importance to the court, was the lease provision, which the court felt contractually obligated the landlord to retain control over defendant's dogs. 

This North Carolina case involves the issue of whether a landlord can be held liable for negligence when his tenant's dogs injure a third party where a landlord has agreed by contract to remove "undesirable" dogs.  Under the terms of the lease, the tenant, Olson, could keep one Rottweiler dog on the property.  It was also stipulated that the landlord could require removal of any "undesirable" pets with 48-hour's notice.  The dogs in the instant action attacked a contractor who was making an estimate on some of the rental homes, and, according to testimony, had committed two prior attacks.  The court concluded that the Court of Appeals erred, in that the plaintiff was not required to show Colonial was an owner or keeper of the dogs in order to show Colonial was negligent; that requirement is limited only to strict liability actions.  As a result, the court found Colonial failed to use ordinary care by failing to require the defendant Olson to restrain his Rottweiler dogs, or remove them from the premises when the defendant knew, or in the exercise of reasonable care, should have known, from the dogs' past conduct, that they were likely, if not restrained, to do an act from which a reasonable person could foresee.  Of particular importance to the court, was the lease provision, which the court felt contractually obligated the landlord to retain control over defendant's dogs. 

Morgan v. Marquis

Summary:

After being bit in the face from a dog she was caring for, the plaintiff sued the dog's owner on the theories of strict liability, negligence and statutory, 7 M.R.S. § 3961(1), liability. The superior court granted summary judgment in favor of the defendant on all claims rejecting plaintiff's claim that pit bull dogs are inherently abnormally dangerous dogs. Finding insufficient evidence that the defendant knew his dog was likely to bite someone, the Supreme Judicial Court of Maine affirmed the lower court's decision on the strict liability claim. However, the court vacated the lower court's decision towards the negligence and statutory liability claim because genuine issues of material fact remained.

After being bit in the face from a dog she was caring for, the plaintiff sued the dog's owner on the theories of strict liability, negligence and statutory, 7 M.R.S. § 3961(1), liability. The superior court granted summary judgment in favor of the defendant on all claims rejecting plaintiff's claim that pit bull dogs are inherently abnormally dangerous dogs. Finding insufficient evidence that the defendant knew his dog was likely to bite someone, the Supreme Judicial Court of Maine affirmed the lower court's decision on the strict liability claim. However, the court vacated the lower court's decision towards the negligence and statutory liability claim because genuine issues of material fact remained.

Tracey v. Solesky

Summary:

 

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.

 

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.

Tracey v. Solesky

Summary:

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).

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).

American Dog Owners Ass'n, Inc. v. City of Lynn

Summary:

This is an appeal by American Dog Owners Association from a judgment upholding two of three city of Lynn ordinances which restrict ownership of certain dogs within the city limits. The lower court found that one of three animal control ordinances regulating “pit bulls” was unconstitutional. First, the Supreme Judicial Court held that the first two ordinances were repealed by passage of third which was intended to treat subject of pit bulls comprehensively. However, the court found that the third ordinance which attempted to define pit bull by breed was unconstitutionally vague. The court stated that, "if identification by breed name does not provide sufficient ascertainable standards for enforcement, then the “definition” of “Pit Bull” in the fourth ordinance, which is devoid of any reference to a particular breed, but relies instead on the even less clear 'common understanding and usage' of the term 'Pit Bull,' is not sufficiently definite to meet due process requirements."

This is an appeal by American Dog Owners Association from a judgment upholding two of three city of Lynn ordinances which restrict ownership of certain dogs within the city limits. The lower court found that one of three animal control ordinances regulating “pit bulls” was unconstitutional. First, the Supreme Judicial Court held that the first two ordinances were repealed by passage of third which was intended to treat subject of pit bulls comprehensively. However, the court found that the third ordinance which attempted to define pit bull by breed was unconstitutionally vague. The court stated that, "if identification by breed name does not provide sufficient ascertainable standards for enforcement, then the “definition” of “Pit Bull” in the fourth ordinance, which is devoid of any reference to a particular breed, but relies instead on the even less clear 'common understanding and usage' of the term 'Pit Bull,' is not sufficiently definite to meet due process requirements."

Nutt v. Florio

Summary:

This Massachusetts case involves an appeal of a summary judgment in favor of the landlord-defendant concerning an unprovoked dog attack. The dog, described as a pit bull terrier, was kept by a tenant of Florio's. The court found that, while the defendants cannot be held strictly liable by virtue the dog's breed, "knowledge of that breed and its propensities may properly be a factor to be considered in determining whether the defendants were negligent under common-law principles." Reviewing the record de novo, the court held that this question and the defendant's knowledge of the dog's propensities, created a genuine issue of material fact. The order of summary judgment for defendant was reversed and the case was remanded.

This Massachusetts case involves an appeal of a summary judgment in favor of the landlord-defendant concerning an unprovoked dog attack. The dog, described as a pit bull terrier, was kept by a tenant of Florio's. The court found that, while the defendants cannot be held strictly liable by virtue the dog's breed, "knowledge of that breed and its propensities may properly be a factor to be considered in determining whether the defendants were negligent under common-law principles." Reviewing the record de novo, the court held that this question and the defendant's knowledge of the dog's propensities, created a genuine issue of material fact. The order of summary judgment for defendant was reversed and the case was remanded.