Dangerous Dog

Aversa v. Bartlett

Summary:

Plaintiff was awarded $100,000 for past pain and suffering and $200,000 for future pain and suffering after she was bitten in the face by Defendant's dog.  Defendant appealed on the basis that the jury award for future pain and suffering was unreasonable compensation.  The Appellate Division of the Supreme Court modified the judgment to be $75,000 for past pain and suffering after Plaintiff stipulated to the decrease.

Plaintiff was awarded $100,000 for past pain and suffering and $200,000 for future pain and suffering after she was bitten in the face by Defendant's dog.  Defendant appealed on the basis that the jury award for future pain and suffering was unreasonable compensation.  The Appellate Division of the Supreme Court modified the judgment to be $75,000 for past pain and suffering after Plaintiff stipulated to the decrease.

Bates v. Constable

Summary:

A son obtained a dog from defendant for his father to have as a pet.  The dog bit the father and the father sued defendant for failing to warn him of the dog's vicious propensities.  The Court held the defendant did not owe the second transferee of the dog a duty to warn and granted summary judgment in favor of defendant.

A son obtained a dog from defendant for his father to have as a pet.  The dog bit the father and the father sued defendant for failing to warn him of the dog's vicious propensities.  The Court held the defendant did not owe the second transferee of the dog a duty to warn and granted summary judgment in favor of defendant.

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."

Zelman v. Cosentino

Summary:

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.

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.

Mercado v. Ovalle

Summary:

In this New York case, plaintiff appealed the lower court's order granting defendants' motion for summary judgment in a dog bite case. Defendants, a grocery store and its owner, asserted that they did not own the two pit bulls that attacked plaintiff. The only evidence plaintiff presented showing defendants' ownership and control over the dogs were hearsay statements from the mechanic who operated the lot that the dogs guarded. The court found this evidence that defendants occasionally walked and fed the dogs insufficient to show that they "harbored" the dogs. Affirmed.

In this New York case, plaintiff appealed the lower court's order granting defendants' motion for summary judgment in a dog bite case. Defendants, a grocery store and its owner, asserted that they did not own the two pit bulls that attacked plaintiff. The only evidence plaintiff presented showing defendants' ownership and control over the dogs were hearsay statements from the mechanic who operated the lot that the dogs guarded. The court found this evidence that defendants occasionally walked and fed the dogs insufficient to show that they "harbored" the dogs. Affirmed.

Bermudez v Hanan

Summary:

This unpublished small claims court opinion concerns a dog bite. Claimant sought to recover monetary damages for medical bills and related expenses she incurred as a result of personal injuries suffered when Defendant's dog named "Chino" bit her on the face. At issue is whether Chino had vicious propensities and whether Defendant was aware of or had knowledge of those vicious propensities. The court found that Plaintiff did not raise an issue of fact as to the dog's vicious propensities. The court found compelling evidence that Chino was certified by the Good Dog Foundation to visit healthcare facilities as a therapy dog. As a result, the court dismissed the motion.

This unpublished small claims court opinion concerns a dog bite. Claimant sought to recover monetary damages for medical bills and related expenses she incurred as a result of personal injuries suffered when Defendant's dog named "Chino" bit her on the face. At issue is whether Chino had vicious propensities and whether Defendant was aware of or had knowledge of those vicious propensities. The court found that Plaintiff did not raise an issue of fact as to the dog's vicious propensities. The court found compelling evidence that Chino was certified by the Good Dog Foundation to visit healthcare facilities as a therapy dog. As a result, the court dismissed the motion.

Hamlin v. Sullivan

Summary:

Plaintiff was walking her dog in an area of state where dogs go off-leash. Plaintiff and defendant were back in the parking lot talking when defendant's dog, who was still off-leash, ran into her, causing her to fall and sustain injuries. The appellate court found that plaintiff's evidence was insufficient to meet the burden establishing that the dog had a proclivity to run into people and knock them over. While testimony showed that the dog (Quinn) routinely ran up to people and put his paws on their chest to "greet" them, this was different than a propensity to knock people down. The court found that the behavior of jumping on people "was not the behavior that resulted in plaintiff's injury, and plaintiff failed to produce any evidence that defendant had notice of a proclivity by Quinn to run into people and knock them over. . ." The court also noted that the dog's rambunctious behavior, occurring at a dog park where dogs freely run around, was insufficient to establish vicious propensities. Summary judgment for the defendants was affirmed.

Plaintiff was walking her dog in an area of state where dogs go off-leash. Plaintiff and defendant were back in the parking lot talking when defendant's dog, who was still off-leash, ran into her, causing her to fall and sustain injuries. The appellate court found that plaintiff's evidence was insufficient to meet the burden establishing that the dog had a proclivity to run into people and knock them over. While testimony showed that the dog (Quinn) routinely ran up to people and put his paws on their chest to "greet" them, this was different than a propensity to knock people down. The court found that the behavior of jumping on people "was not the behavior that resulted in plaintiff's injury, and plaintiff failed to produce any evidence that defendant had notice of a proclivity by Quinn to run into people and knock them over. . ." The court also noted that the dog's rambunctious behavior, occurring at a dog park where dogs freely run around, was insufficient to establish vicious propensities. Summary judgment for the defendants was affirmed.

Faraci v. Urban

Summary:

In this New York case, the plaintiff sought damages for injuries his son sustained after the child was bitten by a dog in a house owned by defendant Urban, but occupied by Defendant Buil (the dog's owner). Defendant Urban appeals an order denying her motion for summary judgment dismissing the complaint. Defendant Urban failed to demonstrate as a matter of law that the dog did not have vicious tendencies because defendant's own submissions showed that the dog had previously growled at people coming to the door. However, summary judgment was appropriate here because the evidence failed to show that defendant knew or should have known of the dog's alleged vicious propensities.

In this New York case, the plaintiff sought damages for injuries his son sustained after the child was bitten by a dog in a house owned by defendant Urban, but occupied by Defendant Buil (the dog's owner). Defendant Urban appeals an order denying her motion for summary judgment dismissing the complaint. Defendant Urban failed to demonstrate as a matter of law that the dog did not have vicious tendencies because defendant's own submissions showed that the dog had previously growled at people coming to the door. However, summary judgment was appropriate here because the evidence failed to show that defendant knew or should have known of the dog's alleged vicious propensities.

Thurber v. Apmann

Summary:

In 2007, the plaintiff and defendant were walking their respective dogs when one of defendant's two dogs, a retired K-9 dog, attacked the plaintiff's dog. Plaintiff sued defendant for damages she received as a result. While each dog did received "handler protection" training (where a K-9 dog is trained to react to an aggressive attack on defendant while on duty), that situation had never arisen because the dogs acted in passive roles as explosive detection dogs. Plaintiff countered that the severity of the attack coupled with the dogs' breed and formal police training should have put defendant on notice of the dogs' vicious propensities. In affirming the summary judgment, this court found that the formal police training was not evidence of viciousness and there was no support to plaintiff's assertion that defendant kept the dogs as "guard dogs."

In 2007, the plaintiff and defendant were walking their respective dogs when one of defendant's two dogs, a retired K-9 dog, attacked the plaintiff's dog. Plaintiff sued defendant for damages she received as a result. While each dog did received "handler protection" training (where a K-9 dog is trained to react to an aggressive attack on defendant while on duty), that situation had never arisen because the dogs acted in passive roles as explosive detection dogs. Plaintiff countered that the severity of the attack coupled with the dogs' breed and formal police training should have put defendant on notice of the dogs' vicious propensities. In affirming the summary judgment, this court found that the formal police training was not evidence of viciousness and there was no support to plaintiff's assertion that defendant kept the dogs as "guard dogs."