Dangerous Dog

Ramapo v. Hi-Tor Animal Care Center, Inc.

Summary: This court was asked to determine whether a dog shoul be declared dangerous pursuant to section 108 (24) (a) of the Agriculture and Markets Law. The case is unusual in one aspect as the respondent is an animal shelter and the alleged victim is an animal control officer from another township. The Justice Court found the shelter dog was not'Dangerous' pursuant to Agriculture and Markets Law. Interestingly, the court found the reasonable person standard in the statute to be problematic and in need of legislative amendment restoring in appropriate language the consideration of evidence of vicious propensity.

This court was asked to determine whether a dog shoul be declared dangerous pursuant to section 108 (24) (a) of the Agriculture and Markets Law. The case is unusual in one aspect as the respondent is an animal shelter and the alleged victim is an animal control officer from another township. The Justice Court found the shelter dog was not'Dangerous' pursuant to Agriculture and Markets Law. Interestingly, the court found the reasonable person standard in the statute to be problematic and in need of legislative amendment restoring in appropriate language the consideration of evidence of vicious propensity.

Dutka v. Cassady

Summary: A rescue organization had adopted out a dog. The new owners were walking the dog unleashed when it attacked another dog. The plaintiff's filed a complaint of common law negligence and recklessness, which alleged that the rescue organization should have known and should have warned them of the dangerous tendencies of the specific dog but failed to do so. Connecticut law imposed strict liability on an owner or keeper of such an animal, and the statute had not been expanded to include the seller or transferor. The issue then was whether the court should expand the scope of such a negligence claim and create a duty of care owed by transferors or sellers of dogs with known and/or unknown propensities for aggression. The court found that there was no support for expanding liability in common law negligence when the organization in this case did not own, possess, harbor or control the dog. The court declines to impose a duty on the rescue agency to inform adoptive families.

A rescue organization had adopted out a dog. The new owners were walking the dog unleashed when it attacked another dog. The plaintiff's filed a complaint of common law negligence and recklessness, which alleged that the rescue organization should have known and should have warned them of the dangerous tendencies of the specific dog but failed to do so. Connecticut law imposed strict liability on an owner or keeper of such an animal, and the statute had not been expanded to include the seller or transferor. The issue then was whether the court should expand the scope of such a negligence claim and create a duty of care owed by transferors or sellers of dogs with known and/or unknown propensities for aggression. The court found that there was no support for expanding liability in common law negligence when the organization in this case did not own, possess, harbor or control the dog. The court declines to impose a duty on the rescue agency to inform adoptive families.

Francis v. City of Indianapolis

Summary: A dog rescue organization was cited with a violation of the city code for having a dog at large. One rescue dog escaped and lunged at a neighbor. Francis argued that the trial court erred in applying strict liability, challenged the sufficiency of the evidence, and challenged the constitutionality of the municipal ordinance. The trial court also found that a violation of the ordinance also imposed restrictions on Francis; she could no longer operate the animal rescue shelter and could only own or keep two dogs. The judgment of the trial court was affirmed.

A dog rescue organization was cited with a violation of the city code for having a dog at large. One rescue dog escaped and lunged at a neighbor. Francis argued that the trial court erred in applying strict liability, challenged the sufficiency of the evidence, and challenged the constitutionality of the municipal ordinance. The trial court also found that a violation of the ordinance also imposed restrictions on Francis; she could no longer operate the animal rescue shelter and could only own or keep two dogs. The judgment of the trial court was affirmed.

Dog Bite Laws

Brief Summary of Dog Bite Law
Rebecca F. Wisch (2004)

Dog attacks and bites have become media staples.   While some may argue this does not necessarily result from an actual increase in the number of dog attacks, but is rather an example of our sensationalized media-driven society, the tragic results are the same.   Many people, particularly young children, are injured or even killed by dogs of every breed and size each year.

Table of Dog Bite Strict Liability Statutes

Summary: Approximately 36 states have strict liability laws for dog bites. This table illustrates the primary components of each state's strict liability law such as animal covered, type of injury, place injury occurs, and exceptions under the law. The table does not discuss dangerous dog laws (although you can find a table of these laws under Legal Topics, Comparative Tables in the navigation bar).

Approximately 36 states have strict liability laws for dog bites. This table illustrates the primary components of each state's strict liability law such as animal covered, type of injury, place injury occurs, and exceptions under the law. The table does not discuss dangerous dog laws (although you can find a table of these laws under Legal Topics, Comparative Tables in the navigation bar).

WY - Dangerous - Article 1. In General. (Dangerous Dog Provisions)

Summary: This Wyoming statute provides that every person, firm, copartnership, corporation or company owning any dog, which to his knowledge has killed sheep or other livestock, shall exterminate and destroy the dog. In addition, the owner of any dog is liable for all damages that accrue to any person, firm or corporation by reason of the dog killing, wounding, worrying or chasing any sheep or other domestic animals belonging to the person, firm or corporation.

This Wyoming statute provides that every person, firm, copartnership, corporation or company owning any dog, which to his knowledge has killed sheep or other livestock, shall exterminate and destroy the dog. In addition, the owner of any dog is liable for all damages that accrue to any person, firm or corporation by reason of the dog killing, wounding, worrying or chasing any sheep or other domestic animals belonging to the person, firm or corporation.

WY - Dog - Consolidated Dog Laws

Summary: These Wyoming statutes comprise the state's dog laws. Among the provisions include damage done to livestock by dogs, rabies vaccination requirements, and municipal powers to regulate dogs.

These Wyoming statutes comprise the state's dog laws. Among the provisions include damage done to livestock by dogs, rabies vaccination requirements, and municipal powers to regulate dogs.

WV - Dangerous - § 20-2-16. Dogs chasing deer

Summary: This West Virginia statute states that, except as provided in § 20-2-5j enacted in 2020, no person may permit or use his or her dog to hunt or chase deer. A natural resources police officer shall take into possession any dog known to have unlawfully hunted or chased deer. If the owner of the dog can be determined, the dog shall be returned to the owner. If the owner of the dog cannot be determined, the natural resources police officer shall deliver the dog to the appropriate county humane officer or facility consistent with the provisions of this code.

This West Virginia statute states that, except as provided in § 20-2-5j enacted in 2020, no person may permit or use his or her dog to hunt or chase deer. A natural resources police officer shall take into possession any dog known to have unlawfully hunted or chased deer. If the owner of the dog can be determined, the dog shall be returned to the owner. If the owner of the dog cannot be determined, the natural resources police officer shall deliver the dog to the appropriate county humane officer or facility consistent with the provisions of this code.