Summary:
The defendant was convicted of causing his dog to be bitten, mangled and cruelly tortured by another dog. The defendant appealled and the Supreme Court affirmed.
The defendant was convicted of causing his dog to be bitten, mangled and cruelly tortured by another dog. The defendant appealled and the Supreme Court affirmed.
Summary:
This is an action for damages alleged to have been sustained by plaintiff by reason of the killing of her dog, of the variety known as Pomeranian, by an Airedale belonging to the defendant. In 1919, a California court determined damages to be limited to the veterinary expenses connected with the injury to the animal. In the opinion, the court lovingly discusses the value of the animal. Notwithstanding these words of praise for the small animal, the court decided that the value was limited to the fair market value and related expenses.
This is an action for damages alleged to have been sustained by plaintiff by reason of the killing of her dog, of the variety known as Pomeranian, by an Airedale belonging to the defendant. In 1919, a California court determined damages to be limited to the veterinary expenses connected with the injury to the animal. In the opinion, the court lovingly discusses the value of the animal. Notwithstanding these words of praise for the small animal, the court decided that the value was limited to the fair market value and related expenses.
Summary:
Police officer was injured by homeowner's dog and sued for damages. The Supreme Court held that public policy does not dictate extending the firefighter's rule to the police officer, and therefore, that the officer could sue for injuries received as a result of the bite. Reversed and remanded.
Police officer was injured by homeowner's dog and sued for damages. The Supreme Court held that public policy does not dictate extending the firefighter's rule to the police officer, and therefore, that the officer could sue for injuries received as a result of the bite. Reversed and remanded.
Summary:
This appeal is by the Dog Federation of Wisconsin and others who contest a City of South Milwaukee ordinance that imposes restrictions on the ownership and keeping of “pit bulls.” The Federation claims that the “pit bull” aspects of the ordinance are facially invalid because: the definition of “pit bull” is impermissibly vague; the ordinance is overbroad; and the ordinance violates their right to equal protection. The court found that reference to recognized breeds provides sufficient specifics to withstand a vagueness challenge. With regard to equal protection, the court held that the ordinance is founded on “substantial distinctions” between the breeds of dog covered by the ordinance and other breeds of dog. Moreover, the ordinance is “germane” to the underlying purpose of the ordinance to protect persons and animals from dangerous dogs. Finally, the ordinance applies equally to the affected class of persons owning or keeping pit bulls.
This appeal is by the Dog Federation of Wisconsin and others who contest a City of South Milwaukee ordinance that imposes restrictions on the ownership and keeping of “pit bulls.” The Federation claims that the “pit bull” aspects of the ordinance are facially invalid because: the definition of “pit bull” is impermissibly vague; the ordinance is overbroad; and the ordinance violates their right to equal protection. The court found that reference to recognized breeds provides sufficient specifics to withstand a vagueness challenge. With regard to equal protection, the court held that the ordinance is founded on “substantial distinctions” between the breeds of dog covered by the ordinance and other breeds of dog. Moreover, the ordinance is “germane” to the underlying purpose of the ordinance to protect persons and animals from dangerous dogs. Finally, the ordinance applies equally to the affected class of persons owning or keeping pit bulls.
Summary:
Dog bite victim sued homeowners insurer. Held: courts may factor traditional public policy to bar a claim under the dog bite statute, and in this case, public policy precludes imposing liability on homeowners even though the dog bite statute appears to impose strict liability.
Dog bite victim sued homeowners insurer. Held: courts may factor traditional public policy to bar a claim under the dog bite statute, and in this case, public policy precludes imposing liability on homeowners even though the dog bite statute appears to impose strict liability.
Summary:
Motorist sued dog owner after he was injured in a car accident allegedly caused by dog. The Court of Appeals held that the “injury by dog” statute creates strict liability for any injury or damage caused by dog if owner was negligent (with public policy exceptions). Here, the dog owner was not strictly liable because he was not negligent when his dog escaped from its enclosure.
Motorist sued dog owner after he was injured in a car accident allegedly caused by dog. The Court of Appeals held that the “injury by dog” statute creates strict liability for any injury or damage caused by dog if owner was negligent (with public policy exceptions). Here, the dog owner was not strictly liable because he was not negligent when his dog escaped from its enclosure.
Summary:
Plaintiffs' dog was mauled by Defendants' dogs and sustained permanent injuries. The trial court granted summary judgment against Plaintiffs' claims of negligent and malicious infliction of emotional distress. The Court of Appeals affirmed the grant of partial summary judgment and further held the destruction of the companionship relationship could not be extended to dogs.
Plaintiffs' dog was mauled by Defendants' dogs and sustained permanent injuries. The trial court granted summary judgment against Plaintiffs' claims of negligent and malicious infliction of emotional distress. The Court of Appeals affirmed the grant of partial summary judgment and further held the destruction of the companionship relationship could not be extended to dogs.
Summary:
Summary:
This Washington case constitutes plaintiff's second appeal in extended litigation aimed at preventing the City of Seattle from destroying his dogs after a jury convicted him of the criminal charge of owning vicious dogs. The case began when Rabon filed a civil suit seeking an injunction against having his dogs destroyed. This present appeal is from an order dismissing his constitutional claims against the City on summary judgment. In affirming the order of summary judgment, this court held that a person's interest in keeping a vicious dog as a pet is not so great as to require a more careful procedure than is provided by Seattle's administrative and hearing process. The fact that plaintiff did not have a right to an immediate pre-deprivation hearing before the dogs were seized and impounded is justified by the strong public interest in prompt action to prevent more attacks.
This Washington case constitutes plaintiff's second appeal in extended litigation aimed at preventing the City of Seattle from destroying his dogs after a jury convicted him of the criminal charge of owning vicious dogs. The case began when Rabon filed a civil suit seeking an injunction against having his dogs destroyed. This present appeal is from an order dismissing his constitutional claims against the City on summary judgment. In affirming the order of summary judgment, this court held that a person's interest in keeping a vicious dog as a pet is not so great as to require a more careful procedure than is provided by Seattle's administrative and hearing process. The fact that plaintiff did not have a right to an immediate pre-deprivation hearing before the dogs were seized and impounded is justified by the strong public interest in prompt action to prevent more attacks.
Summary:
After leaving a sliding glass door open for her service dog and her neighbor's dog, the plaintiff in this case was mauled by two pit bulls. Plaintiff sued the dogs' owners under a strict liability statute and the county for negligently responding to prior complaints about the dogs. At trial, a jury not only found all defendants guilty, but also found the plaintiff contributorily negligent. Upon appeal, the court affirmed the judgment the lower court entered based on the jury verdict. Chief Judge Worswick concurred in part and dissented in part.
After leaving a sliding glass door open for her service dog and her neighbor's dog, the plaintiff in this case was mauled by two pit bulls. Plaintiff sued the dogs' owners under a strict liability statute and the county for negligently responding to prior complaints about the dogs. At trial, a jury not only found all defendants guilty, but also found the plaintiff contributorily negligent. Upon appeal, the court affirmed the judgment the lower court entered based on the jury verdict. Chief Judge Worswick concurred in part and dissented in part.
