Dangerous Dog

Allen v. Camp

Summary:

Defendant shot and killed Plaintiff's dog, which had bitten Defendant's daughter several days earlier, for the purpose of sending the dog's head to a laboratory for examination for rabies. The Court of Appeals of Alabama found that Plaintiff's wife's injuries were too remote to be compensable, when the wife was not home at the time of the incident and became excited and hysterical upon hearing of the incident several hours later. The Appeals Court also held that although one may protect himself or his family from injury by a dog or other animal when on his own private property or on public property, the destruction of an animal is wrongful when the danger of attack and subsequent injury by that animal no longer exists, and where the animal is not trespassing.

Defendant shot and killed Plaintiff's dog, which had bitten Defendant's daughter several days earlier, for the purpose of sending the dog's head to a laboratory for examination for rabies. The Court of Appeals of Alabama found that Plaintiff's wife's injuries were too remote to be compensable, when the wife was not home at the time of the incident and became excited and hysterical upon hearing of the incident several hours later. The Appeals Court also held that although one may protect himself or his family from injury by a dog or other animal when on his own private property or on public property, the destruction of an animal is wrongful when the danger of attack and subsequent injury by that animal no longer exists, and where the animal is not trespassing.

Vanater v. Village of South Point

Summary:

Village criminal ordinance, which prohibited the owning or harboring of pit bull terriers or other vicious dogs within village limits, was not overbroad, even though identification of a "pit bull" may be difficult in some situations, as there are methods to determine with sufficient certainty whether dog is a "pit bull.".

Village criminal ordinance, which prohibited the owning or harboring of pit bull terriers or other vicious dogs within village limits, was not overbroad, even though identification of a "pit bull" may be difficult in some situations, as there are methods to determine with sufficient certainty whether dog is a "pit bull.".

State v. Dan

Summary:

This is an appeal of a circuit court decision in an aggravated animal abuse case.  A defendant was convicted in circuit court of aggravated animal abuse and other charges. On appeal, the Court of Appeals held that the defendant's testimony that he loved his children more than the dog he shot was not evidence of his character, thus the evidence offered by the state in rebuttal (that the defendant assaulted his spouse) was not admissible and not harmless error by the trial court.

This is an appeal of a circuit court decision in an aggravated animal abuse case.  A defendant was convicted in circuit court of aggravated animal abuse and other charges. On appeal, the Court of Appeals held that the defendant's testimony that he loved his children more than the dog he shot was not evidence of his character, thus the evidence offered by the state in rebuttal (that the defendant assaulted his spouse) was not admissible and not harmless error by the trial court.

Lesher v. Reed

Summary:

Seizure of pet dog violated Fourth Amendment where police acted unreasonably in going to canine police officer's house to seize the dog after the dog bit a child.

Seizure of pet dog violated Fourth Amendment where police acted unreasonably in going to canine police officer's house to seize the dog after the dog bit a child.

Brief Summary of Dangerous Dogs in the Laws of Canada

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Summary:

This legal overview analyzes the Canadian legal approach to dog-related injuries. It discusses the common law approach under negligence and scienter. It then examines the statutory response to dog-related injuries in Canada's provinces and territories.

This legal overview analyzes the Canadian legal approach to dog-related injuries. It discusses the common law approach under negligence and scienter. It then examines the statutory response to dog-related injuries in Canada's provinces and territories.

Brief Summary of Landlord Liability for Injury by Tenant's Animals

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Summary:

This brief overview discusses when and how a landlord may be liable for injuries caused by a tenant's animal. In short, it outlines what constitutes negligence for a landlord in such circumstances for most jurisdictions.

This brief overview discusses when and how a landlord may be liable for injuries caused by a tenant's animal. In short, it outlines what constitutes negligence for a landlord in such circumstances for most jurisdictions.

Commentary: Bermudez v. Hanan

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Summary:

This article provides commentary on the case of Bermudez v. Hanan, 2013 N.Y. Misc. LEXIS 4397, 2013 NY Slip Op 51610(U), which concerned dog bite liability for a therapy dog.

This article provides commentary on the case of Bermudez v. Hanan, 2013 N.Y. Misc. LEXIS 4397, 2013 NY Slip Op 51610(U), which concerned dog bite liability for a therapy dog.

Brief Summary of Dog Bite Laws

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Summary:

This brief overview examines the basic provisions of most state dog bite laws, including the traditional elements of negligence and principles of strict liability.

This brief overview examines the basic provisions of most state dog bite laws, including the traditional elements of negligence and principles of strict liability.