Delivered by Michael Kaiser of the Kaiser Legal Group to a national audience in December, 2011, and July, 2012, in conjunction with the National Business Institute's Continuing Legal Education (CLE) seminar "Plaintiff's Guide to Dog-Bite Litigation."
Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He also regularly speaks at the law school level and at Continuing Legal Education (CLE) seminars for attorneys. He earned his Bachelor of Arts degree in Political Science from the University of Washington and his Juris Doctor from Seattle University. You may contact him at 206-660-2858 or Michael.Kaiser@Kaiser-LegalGroup.org.
This document discusses strict liability offenses and causation in criminal law. It explains that strict liability offenses do not require proof of mens rea, only actus reus, lowering the prosecution's burden of proof. Strict liability typically applies only to minor offenses to reduce legal system demands. Examples given are speeding and selling to minors. The document also discusses causation, requiring a link between the accused's actions and the criminal result. It analyzes the R v Blaue case, where the accused's appeal failed because refusing medical treatment did not absolve him of responsibility for inflicting wounds that were still operating causes of death.
The document discusses the legal doctrine of strict liability as established in the landmark 1860 case Rylands v. Fletcher. The case involved a landowner who constructed a reservoir that flooded his neighbor's coal mine after water burst through abandoned mine shafts. Though there was no proof of negligence, the landowner was held liable for damages caused by the "non-natural" escape of water from his reservoir. This established the principle of strict liability - holding persons responsible for damages caused by inherently dangerous activities on their land, regardless of fault.
This document provides an overview of the concepts of strict and absolute liability in tort law. It discusses key cases like Rylands v Fletcher that established the rule of strict liability. It defines strict liability as liability without fault where a person is liable despite the absence of negligence. The essentials to apply the rule from Rylands v Fletcher are discussed. Exceptions to strict liability like act of God and statutory authority are also summarized. The document then discusses the evolution of absolute liability from strict liability and highlights key cases in India like M.C. Mehta v. Union of India that established the principle of absolute liability.
This document provides information on first aid treatments for various conditions including snake bites, scorpion stings, bee stings, jellyfish stings, frost bite, sun glare, and rabies. It describes signs and symptoms of each condition and outlines steps for first aid such as cleaning wounds, applying cold compresses, treating for shock, and seeking urgent medical care when needed.
Presentation on snake bites and first aid. A comprehensive presentation on snake bite and the emergency response to it. Also cover precautions - how to avoid snake bites in the field. Useful for campers, doctors, students etc...
This document contains a summary of the law of torts in English law. It was originally published in German on jurawelt.com in February 2004. The summary was created as part of a course on English legal language at Bielefeld University. It is not intended to be comprehensive, but rather to provide an overview of key topics in English tort law that could be covered in an exam, including negligence, defamation, occupiers' liability, nuisance, and trespass. General principles of torts such as the definition, requirements for a legal wrong, and general defenses are also discussed.
Snake bites are a major public health issue in India, with estimates of 200,000 bites and 15,000-20,000 deaths annually. The document discusses the epidemiology, types of venomous snakes, clinical effects of envenomation, and management of snake bites. Management involves first aid measures like immobilization of the bite area, administration of antivenom serum, and supportive care. Antivenom serum is most effective when given within 4 hours of the bite to neutralize the venom, and mechanical ventilation may be needed if respiratory failure occurs from neurotoxic or systemic effects of the venom.
- Dog fighting generates millions of dollars annually through formal betting agreements, informal side bets, and sales of animals and breeding services. It also breeds other criminal activities like organized crime, drug trafficking, and money laundering.
- New York law defines animal fighting and makes engaging in or attending animal fights a felony or misdemeanor depending on the specific conduct. Law enforcement faces challenges in enforcing these laws due to the number of suspects and need to establish intent.
- The Michael Vick dog fighting case involved the seizure of 66 dogs from Vick's property in 2007 and his subsequent guilty plea to federal dog fighting charges. It brought increased attention to dog fighting and led to partnerships to rehabilitate and rehome the dogs seized from Vick.
This document discusses strict liability offenses and causation in criminal law. It explains that strict liability offenses do not require proof of mens rea, only actus reus, lowering the prosecution's burden of proof. Strict liability typically applies only to minor offenses to reduce legal system demands. Examples given are speeding and selling to minors. The document also discusses causation, requiring a link between the accused's actions and the criminal result. It analyzes the R v Blaue case, where the accused's appeal failed because refusing medical treatment did not absolve him of responsibility for inflicting wounds that were still operating causes of death.
The document discusses the legal doctrine of strict liability as established in the landmark 1860 case Rylands v. Fletcher. The case involved a landowner who constructed a reservoir that flooded his neighbor's coal mine after water burst through abandoned mine shafts. Though there was no proof of negligence, the landowner was held liable for damages caused by the "non-natural" escape of water from his reservoir. This established the principle of strict liability - holding persons responsible for damages caused by inherently dangerous activities on their land, regardless of fault.
This document provides an overview of the concepts of strict and absolute liability in tort law. It discusses key cases like Rylands v Fletcher that established the rule of strict liability. It defines strict liability as liability without fault where a person is liable despite the absence of negligence. The essentials to apply the rule from Rylands v Fletcher are discussed. Exceptions to strict liability like act of God and statutory authority are also summarized. The document then discusses the evolution of absolute liability from strict liability and highlights key cases in India like M.C. Mehta v. Union of India that established the principle of absolute liability.
This document provides information on first aid treatments for various conditions including snake bites, scorpion stings, bee stings, jellyfish stings, frost bite, sun glare, and rabies. It describes signs and symptoms of each condition and outlines steps for first aid such as cleaning wounds, applying cold compresses, treating for shock, and seeking urgent medical care when needed.
Presentation on snake bites and first aid. A comprehensive presentation on snake bite and the emergency response to it. Also cover precautions - how to avoid snake bites in the field. Useful for campers, doctors, students etc...
This document contains a summary of the law of torts in English law. It was originally published in German on jurawelt.com in February 2004. The summary was created as part of a course on English legal language at Bielefeld University. It is not intended to be comprehensive, but rather to provide an overview of key topics in English tort law that could be covered in an exam, including negligence, defamation, occupiers' liability, nuisance, and trespass. General principles of torts such as the definition, requirements for a legal wrong, and general defenses are also discussed.
Snake bites are a major public health issue in India, with estimates of 200,000 bites and 15,000-20,000 deaths annually. The document discusses the epidemiology, types of venomous snakes, clinical effects of envenomation, and management of snake bites. Management involves first aid measures like immobilization of the bite area, administration of antivenom serum, and supportive care. Antivenom serum is most effective when given within 4 hours of the bite to neutralize the venom, and mechanical ventilation may be needed if respiratory failure occurs from neurotoxic or systemic effects of the venom.
- Dog fighting generates millions of dollars annually through formal betting agreements, informal side bets, and sales of animals and breeding services. It also breeds other criminal activities like organized crime, drug trafficking, and money laundering.
- New York law defines animal fighting and makes engaging in or attending animal fights a felony or misdemeanor depending on the specific conduct. Law enforcement faces challenges in enforcing these laws due to the number of suspects and need to establish intent.
- The Michael Vick dog fighting case involved the seizure of 66 dogs from Vick's property in 2007 and his subsequent guilty plea to federal dog fighting charges. It brought increased attention to dog fighting and led to partnerships to rehabilitate and rehome the dogs seized from Vick.
Cut the Dog in Half--Resolving Animal Law Disputes Through the Use of Alterna...Michael Kaiser, JD.
The discipline of animal law continues to grow. Consequently, the need for methods to resolve conflicts in this arena also continues to grow. In this article, noted animal law expert and mediator Michael Kaiser addresses mediating custody disputes involving animals, mediating disputes involving laboratory testing of animals, and mediating disputes involving allegations of veterinary malpractice. In all three sections Mr. Kaiser outlines methodologies to address, and practical solutions to, these conflicts, eschewing more absolutist positions and arguments.
In the section addressing mediating custody disputes involving animals, Mr. Kaiser discusses issues around crafting a custody agreement involving a pet, including procedural bonuses, framing the agreement, the fitness of the parties, shared custody, the contractual aspect of the custody agreement, and maintaining the parties' focus.
In the section on disputes involving the laboratory testing of animals, Mr. Kaiser outlines the regulatory apparatus and its accompanying beliefs and findings. He discusses the two main approaches testing opponents have taken -- working within the dictates of the Animal Welfare Act or using extra-legal methodologies. He demonstrates that these approaches not only have not given testing opponents what they are seeking, but also have frustrated the work of researchers and testing facilities. Mr. Kaiser puts forth a more realistic approach that both sides could use to achieve their goals.
Lastly, in the section on disputes involving allegations of veterinary malpractice, Mr. Kaiser looks at the current real effects of laws addressing veterinary malpractice. He puts forward reasons why veterinarians should begin looking very seriously at employing alternative dispute resolution, including the changing legal and social climate around the value of animals, as well as the increasing liability for those who harm animals, intentionally or not. Mr. Kaiser also demonstrates why alternative dispute resolution is a very attractive option for plaintiffs in veterinary malpractice cases.
Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He also regularly speaks at the law school level and at Continuing Legal Education (CLE) seminars for attorneys. He earned his Bachelor of Arts degree in Political Science from the University of Washington and his Juris Doctor from Seattle University. You may contact him at 206-660-2858 or Michael.Kaiser@Kaiser-LegalGroup.org.
Overview of New York Farm Animal Welfare LawCari Rincker
This presentation was prepared for Lawline -the lecture and CLE credits that go with this presentation are available via Lawline. This presentation discusses the national perspective of livestock animal cruelty law, New York farm animal welfare law, "cowboy" criminal procedure (discussing search and seizure) and my recommendations.
Animal Fighting and the Michael Vick CaseHVCClibrary
This document summarizes information about animal fighting, including dog fighting, the money involved, common breeds used, and criminal activity often associated with it. It provides details on New York's felony and misdemeanor laws related to animal fighting. The document also summarizes the high-profile Michael Vick dog fighting case, including the timeline of events from when dogs were seized from Vick's property to his guilty plea.
This document provides an overview of legal issues related to dog bite claims. It discusses various theories of liability for dog bites, including negligent handling of animals, strict liability for dangerous domestic animals, and negligence per se for violating leash laws. It examines types of damages involved in dog bite claims such as medical expenses, disfigurement, lost wages, and pain and suffering. The document also reviews insurance coverage considerations and potential defenses to dog bite claims like the one-bite rule and provocation.
This document provides an overview and summary of animal shelter liability basics, case studies, and strategies for reducing risk. It discusses the differences between a suit and liability, various causes of action like negligence and strict liability, and elements of a claim. Key case studies are summarized that involve liability after adoption, volunteer liability, off-site adoptions, pet custody disputes, and other issues. The document concludes by outlining strategies shelters can take to reduce liability risk, including proper conduct like policies/protocols, using contracts like waivers and agreements, and obtaining insurance.
This document summarizes information related to animal fighting laws in New York state. It begins with an overview of relevant New York felony and misdemeanor provisions, including engaging in or permitting animal fighting, owning animals trained for fighting, and being a spectator. It then discusses common issues with enforcing these laws and recommendations for law enforcement. The document concludes with a summary of the high-profile Michael Vick dog fighting case, including details of the investigation and Vick's guilty plea.
This document summarizes information related to animal fighting laws in New York state. It begins with an overview of relevant New York felony and misdemeanor provisions, including engaging in or permitting animal fighting, owning animals trained for fighting, and being a spectator. It then discusses common problems with enforcing these laws and recommendations for law enforcement. The document concludes with a summary of the high-profile Michael Vick dog fighting case, including details of the investigation and Vick's guilty plea.
Guardianship for animals joan bundy for 2009 az state bar conventionJoan Bundy Law
The document discusses the concept of legal guardianship for animals as an alternative to considering them as property. It argues that guardianship would recognize animals as sentient beings deserving of protection from harm. A two-tier system is proposed with primary guardians like owners and secondary guardians like advocacy groups. Citizen suits are also discussed as a current way to challenge injuries to animals, though standing is sometimes denied. The document reviews arguments against guardianship but concludes the time has come for laws to better reflect the sentience of animals.
Pierson v. Post was a 19th century case regarding fox hunting on uninhabited land. Pierson killed a fox that Post was pursuing. The issue was whether Post's pursuit of the fox was enough to establish property rights over it. The court concluded that possession, not just pursuit, is required to establish ownership over a wild animal. Otherwise, mere pursuit could allow anyone to claim ownership and lead to endless disputes. The dissent argued that a hunting party that organized and pursued a fox had a reasonable expectation of acquiring the animal. Considering farmers' interests in reducing crop-damaging foxes, pursuit may be enough to establish ownership.
The certified and experienced dog bite expert in California; Richard Polsky has more than 25 years of experience and helped so many clients and personally trained thousands of canines and their owners, for more information check the website, https://www.dogexpert.com/
This document provides a summary of animal welfare legal issues in 3 paragraphs or less:
Animal law covers the rights and responsibilities of humans regarding ownership of animals such as dogs, cats, livestock. It includes areas of property law, health and safety laws, criminal law, and local ordinances. Various authorities like animal control and law enforcement are empowered to seize stray animals, animals that attack people or livestock, and animals suspected of being abused or neglected. There are also procedures that shelters must follow in holding seized animals and determining when ownership is transferred allowing for adoption. Rescuing animals can potentially lead to criminal liability for trespassing, theft or abandonment depending on circumstances and intent, but defenses like necessity may apply. Recent Texas
This document discusses various animal welfare legal issues for nonprofits, including who has the power to seize dogs and when, how long shelters must hold seized dogs, how ownership is proven, liability concerns for volunteers and rescuers, and when rescue efforts could result in criminal sanctions. Key points include that animal control officers and law enforcement can seize dogs that have harmed people or livestock. Shelters generally must hold dogs for 3-10 days. Ownership can be proven with identification like microchips or vet records. Volunteers are protected by law for actions within their roles but nonprofits still need liability insurance. Rescuers could face charges like trespassing or theft if they enter property without permission or take an animal without intent to
Recognizing, Reporting and Investigating Animal Cruelty HVCClibrary
The document discusses animal cruelty laws in New York state. It notes that investigating animal cruelty can help identify suspects in violent crimes against humans, as many serial killers and school shooters had histories of torturing animals. It summarizes several high-profile cases where the perpetrators showed early signs of cruelty to animals. The document also outlines specific laws around animal fighting, neglect, abandonment, cruelty and defines what constitutes unjust treatment of animals under New York state law.
Animals and Negligence - What Every Attorney Should Know 2012HVCClibrary
This document provides an overview of animal negligence law for attorneys. It discusses various types of negligence cases involving animals, including veterinary malpractice, bites, falls from horses, and more. It outlines the elements of negligence and notes that in New York, strict liability applies if an animal has known vicious propensities. The document provides guidance on pleading a negligence case, potential affirmative defenses, summary judgment considerations, premises liability, transfers of animal ownership, and other relevant legal topics.
Animals and Negligence: What Every Attorney Should Know 2012HVCClibrary
This document provides an overview of animal negligence law for attorneys. It discusses common types of animal negligence cases and their elements. It also covers topics like vicious propensities, allegations in complaints, affirmative defenses, and premises liability. Key points include that New York uses a strict liability standard for injuries from animals known to have vicious propensities, and that pleading both negligence and strict liability is permitted in some departments.
IN THE COURT OF APPEALS OF THE STATE OF FICTION No.docxbradburgess22840
IN THE
COURT OF APPEALS OF THE STATE OF FICTION
No. 00-00001
MARCIA HANSON,
Petitioner,
v.
JOHN and RITA SMART,
Respondent.
ON APPEAL TO THE COURT OF APPEALS OF
THE STATE OF FICTION FROM
THE FICTITIOUS TRIAL COURT
BRIEF OF PETITIONER
Some Lawyer
Attorney for Petitioner
4567 Any Lane
Anytown, Fiction 37214
TABLE OF CONTENTS
Index of Authorities …………………………………………………………. X
Statement of Jurisdiction …………………………………………………….. X
Statement of Issues …………………………………………………………... X
Statement of Facts ……………………………………………………………. X
Argument …………………………………………………………………….. X
Conclusion ……………………………………………………………………. X
Relief ………………………………………………………………………….. X
INDEX OF AUTHORITIES
Cases
Party A v. Party B, _ _ XX _ _ _ (Fict. 199_)
You v. Me, _ _ _ XX.2d _ _ (Fict. 197_)
Statutes
Fiction State Statute § XX-X-XXX
STATEMENT OF JURISDICTION
This Honorable Court has jurisdiction pursuant to Fiction Code Annotated § xx-x-xxx
QUESTIONS PRESENTED
DOES Fiction State Statute§ XX-X-XXX PROVIDE FOR A DISMISSAL BASED ON A
FIRST BITE DEFFENSE?
STATEMENT OF THE FACTS
On April 23, 2008, at approximately 4:00 AM, Marcia Hanson was delivering
newspapers for The Smalltown newspaper in Anytown, Fiction. As Ms. Hanson approached the
home of John & RITA SMART, their dog, a male pit bull named Spot, ran barking from the back
of the house and approached Ms. Hanson on the sidewalk. Spot then charged Ms. Hanson, biting
her on the right leg, ankle and foot. Mrs. SMART unsuccessfully attempted to call Spot off of
Ms. Hanson. Hearing the commotion, Mr. SMART came out of the house and commanded Spot
to “hold down,” at which time the dog immediately released Ms. Hanson’s foot and ran to Mr.
SMART. Mrs. SMART called 911 and within minutes the Anytown Fire Department and
paramedics arrived at the scene. They staunched the flow of blood from Ms. Hanson’s foot and
transported her to Smalltown Hospital where she was sedated and received 140 stitches in her
right leg, ankle and foot. She was given a tetanus shot and admitted for overnight observation.
Smalltown Police Department arrived at the scene where they took a report from Mr. &
Mrs. SMART, recorded Spot’s rabies number, and informed them that Spot would have to be
impounded for 10 days as required by county ordinance. The SMART’s informed the police that
they would take Spot to their veterinarian for the period of impoundment. The police attempted
to interview Ms. Hanson at the hospital, but she was heavily sedated and could not speak at the
time.
Trial was held in Fictitious Trial Court on December 19
th
, 2008, Honorable Judge Noble
Judge presiding. Judge Judge ruled that while Ms. Hanson was in fact bitten by Spot and was
required to have 140 stitches, the Defendant’s would not be held liable under the “first bite”
doctrine. The first bite rule exempts .
Animal Cruelty Investigation in New York StateHVCClibrary
New York State's animal cruelty law is located in the Agriculture and Markets Law, Article 26. Article 26 defines animal cruelty and neglect, and establishes penalties for offenses. It prohibits acts that torture, injure, or fail to provide sustenance to animals. More serious offenses, like aggravated cruelty and animal fighting, are felonies. When investigating cruelty complaints, law enforcement and humane officers may seize animals kept in inhumane conditions and photograph evidence of injuries or neglect. The law aims to prevent cruelty and protect animals from abuse and neglect.
Presented in 2007, when I was an assistant prosecutor at the Tohono O'odham Nation, an American Indian tribe straddling the U.S.-Mexico border in Arizona.
When Activists Come Calling: Know Your RightsCari Rincker
The document summarizes laws related to animal cruelty enforcement and provides an overview of "ag gag" legislation. It discusses 5 approaches states take to oversee humane societies and their law enforcement powers. It uses New York laws as an example, outlining misdemeanor and felony animal cruelty statutes as well as seizure, search, and cooperation requirements. It also discusses Fourth Amendment rights and provides tips for dealing with farm inspections by non-police officers or activists. Finally, it summarizes existing and proposed "ag gag" laws in several states that restrict unauthorized photography and video recording at agricultural facilities.
Insanony: Watch Instagram Stories Secretly - A Complete GuideTrending Blogers
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Amruthaa Uttam Jagdhane, a stunning woman from Pune, has won the esteemed title of Mrs. India 2024, which is given out by the Dk Exhibition. Her journey to this prestigious accomplishment is a confirmation of her faithful assurance, extraordinary gifts, and profound commitment to enabling women.
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Cut the Dog in Half--Resolving Animal Law Disputes Through the Use of Alterna...Michael Kaiser, JD.
The discipline of animal law continues to grow. Consequently, the need for methods to resolve conflicts in this arena also continues to grow. In this article, noted animal law expert and mediator Michael Kaiser addresses mediating custody disputes involving animals, mediating disputes involving laboratory testing of animals, and mediating disputes involving allegations of veterinary malpractice. In all three sections Mr. Kaiser outlines methodologies to address, and practical solutions to, these conflicts, eschewing more absolutist positions and arguments.
In the section addressing mediating custody disputes involving animals, Mr. Kaiser discusses issues around crafting a custody agreement involving a pet, including procedural bonuses, framing the agreement, the fitness of the parties, shared custody, the contractual aspect of the custody agreement, and maintaining the parties' focus.
In the section on disputes involving the laboratory testing of animals, Mr. Kaiser outlines the regulatory apparatus and its accompanying beliefs and findings. He discusses the two main approaches testing opponents have taken -- working within the dictates of the Animal Welfare Act or using extra-legal methodologies. He demonstrates that these approaches not only have not given testing opponents what they are seeking, but also have frustrated the work of researchers and testing facilities. Mr. Kaiser puts forth a more realistic approach that both sides could use to achieve their goals.
Lastly, in the section on disputes involving allegations of veterinary malpractice, Mr. Kaiser looks at the current real effects of laws addressing veterinary malpractice. He puts forward reasons why veterinarians should begin looking very seriously at employing alternative dispute resolution, including the changing legal and social climate around the value of animals, as well as the increasing liability for those who harm animals, intentionally or not. Mr. Kaiser also demonstrates why alternative dispute resolution is a very attractive option for plaintiffs in veterinary malpractice cases.
Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He also regularly speaks at the law school level and at Continuing Legal Education (CLE) seminars for attorneys. He earned his Bachelor of Arts degree in Political Science from the University of Washington and his Juris Doctor from Seattle University. You may contact him at 206-660-2858 or Michael.Kaiser@Kaiser-LegalGroup.org.
Overview of New York Farm Animal Welfare LawCari Rincker
This presentation was prepared for Lawline -the lecture and CLE credits that go with this presentation are available via Lawline. This presentation discusses the national perspective of livestock animal cruelty law, New York farm animal welfare law, "cowboy" criminal procedure (discussing search and seizure) and my recommendations.
Animal Fighting and the Michael Vick CaseHVCClibrary
This document summarizes information about animal fighting, including dog fighting, the money involved, common breeds used, and criminal activity often associated with it. It provides details on New York's felony and misdemeanor laws related to animal fighting. The document also summarizes the high-profile Michael Vick dog fighting case, including the timeline of events from when dogs were seized from Vick's property to his guilty plea.
This document provides an overview of legal issues related to dog bite claims. It discusses various theories of liability for dog bites, including negligent handling of animals, strict liability for dangerous domestic animals, and negligence per se for violating leash laws. It examines types of damages involved in dog bite claims such as medical expenses, disfigurement, lost wages, and pain and suffering. The document also reviews insurance coverage considerations and potential defenses to dog bite claims like the one-bite rule and provocation.
This document provides an overview and summary of animal shelter liability basics, case studies, and strategies for reducing risk. It discusses the differences between a suit and liability, various causes of action like negligence and strict liability, and elements of a claim. Key case studies are summarized that involve liability after adoption, volunteer liability, off-site adoptions, pet custody disputes, and other issues. The document concludes by outlining strategies shelters can take to reduce liability risk, including proper conduct like policies/protocols, using contracts like waivers and agreements, and obtaining insurance.
This document summarizes information related to animal fighting laws in New York state. It begins with an overview of relevant New York felony and misdemeanor provisions, including engaging in or permitting animal fighting, owning animals trained for fighting, and being a spectator. It then discusses common issues with enforcing these laws and recommendations for law enforcement. The document concludes with a summary of the high-profile Michael Vick dog fighting case, including details of the investigation and Vick's guilty plea.
This document summarizes information related to animal fighting laws in New York state. It begins with an overview of relevant New York felony and misdemeanor provisions, including engaging in or permitting animal fighting, owning animals trained for fighting, and being a spectator. It then discusses common problems with enforcing these laws and recommendations for law enforcement. The document concludes with a summary of the high-profile Michael Vick dog fighting case, including details of the investigation and Vick's guilty plea.
Guardianship for animals joan bundy for 2009 az state bar conventionJoan Bundy Law
The document discusses the concept of legal guardianship for animals as an alternative to considering them as property. It argues that guardianship would recognize animals as sentient beings deserving of protection from harm. A two-tier system is proposed with primary guardians like owners and secondary guardians like advocacy groups. Citizen suits are also discussed as a current way to challenge injuries to animals, though standing is sometimes denied. The document reviews arguments against guardianship but concludes the time has come for laws to better reflect the sentience of animals.
Pierson v. Post was a 19th century case regarding fox hunting on uninhabited land. Pierson killed a fox that Post was pursuing. The issue was whether Post's pursuit of the fox was enough to establish property rights over it. The court concluded that possession, not just pursuit, is required to establish ownership over a wild animal. Otherwise, mere pursuit could allow anyone to claim ownership and lead to endless disputes. The dissent argued that a hunting party that organized and pursued a fox had a reasonable expectation of acquiring the animal. Considering farmers' interests in reducing crop-damaging foxes, pursuit may be enough to establish ownership.
The certified and experienced dog bite expert in California; Richard Polsky has more than 25 years of experience and helped so many clients and personally trained thousands of canines and their owners, for more information check the website, https://www.dogexpert.com/
This document provides a summary of animal welfare legal issues in 3 paragraphs or less:
Animal law covers the rights and responsibilities of humans regarding ownership of animals such as dogs, cats, livestock. It includes areas of property law, health and safety laws, criminal law, and local ordinances. Various authorities like animal control and law enforcement are empowered to seize stray animals, animals that attack people or livestock, and animals suspected of being abused or neglected. There are also procedures that shelters must follow in holding seized animals and determining when ownership is transferred allowing for adoption. Rescuing animals can potentially lead to criminal liability for trespassing, theft or abandonment depending on circumstances and intent, but defenses like necessity may apply. Recent Texas
This document discusses various animal welfare legal issues for nonprofits, including who has the power to seize dogs and when, how long shelters must hold seized dogs, how ownership is proven, liability concerns for volunteers and rescuers, and when rescue efforts could result in criminal sanctions. Key points include that animal control officers and law enforcement can seize dogs that have harmed people or livestock. Shelters generally must hold dogs for 3-10 days. Ownership can be proven with identification like microchips or vet records. Volunteers are protected by law for actions within their roles but nonprofits still need liability insurance. Rescuers could face charges like trespassing or theft if they enter property without permission or take an animal without intent to
Recognizing, Reporting and Investigating Animal Cruelty HVCClibrary
The document discusses animal cruelty laws in New York state. It notes that investigating animal cruelty can help identify suspects in violent crimes against humans, as many serial killers and school shooters had histories of torturing animals. It summarizes several high-profile cases where the perpetrators showed early signs of cruelty to animals. The document also outlines specific laws around animal fighting, neglect, abandonment, cruelty and defines what constitutes unjust treatment of animals under New York state law.
Animals and Negligence - What Every Attorney Should Know 2012HVCClibrary
This document provides an overview of animal negligence law for attorneys. It discusses various types of negligence cases involving animals, including veterinary malpractice, bites, falls from horses, and more. It outlines the elements of negligence and notes that in New York, strict liability applies if an animal has known vicious propensities. The document provides guidance on pleading a negligence case, potential affirmative defenses, summary judgment considerations, premises liability, transfers of animal ownership, and other relevant legal topics.
Animals and Negligence: What Every Attorney Should Know 2012HVCClibrary
This document provides an overview of animal negligence law for attorneys. It discusses common types of animal negligence cases and their elements. It also covers topics like vicious propensities, allegations in complaints, affirmative defenses, and premises liability. Key points include that New York uses a strict liability standard for injuries from animals known to have vicious propensities, and that pleading both negligence and strict liability is permitted in some departments.
IN THE COURT OF APPEALS OF THE STATE OF FICTION No.docxbradburgess22840
IN THE
COURT OF APPEALS OF THE STATE OF FICTION
No. 00-00001
MARCIA HANSON,
Petitioner,
v.
JOHN and RITA SMART,
Respondent.
ON APPEAL TO THE COURT OF APPEALS OF
THE STATE OF FICTION FROM
THE FICTITIOUS TRIAL COURT
BRIEF OF PETITIONER
Some Lawyer
Attorney for Petitioner
4567 Any Lane
Anytown, Fiction 37214
TABLE OF CONTENTS
Index of Authorities …………………………………………………………. X
Statement of Jurisdiction …………………………………………………….. X
Statement of Issues …………………………………………………………... X
Statement of Facts ……………………………………………………………. X
Argument …………………………………………………………………….. X
Conclusion ……………………………………………………………………. X
Relief ………………………………………………………………………….. X
INDEX OF AUTHORITIES
Cases
Party A v. Party B, _ _ XX _ _ _ (Fict. 199_)
You v. Me, _ _ _ XX.2d _ _ (Fict. 197_)
Statutes
Fiction State Statute § XX-X-XXX
STATEMENT OF JURISDICTION
This Honorable Court has jurisdiction pursuant to Fiction Code Annotated § xx-x-xxx
QUESTIONS PRESENTED
DOES Fiction State Statute§ XX-X-XXX PROVIDE FOR A DISMISSAL BASED ON A
FIRST BITE DEFFENSE?
STATEMENT OF THE FACTS
On April 23, 2008, at approximately 4:00 AM, Marcia Hanson was delivering
newspapers for The Smalltown newspaper in Anytown, Fiction. As Ms. Hanson approached the
home of John & RITA SMART, their dog, a male pit bull named Spot, ran barking from the back
of the house and approached Ms. Hanson on the sidewalk. Spot then charged Ms. Hanson, biting
her on the right leg, ankle and foot. Mrs. SMART unsuccessfully attempted to call Spot off of
Ms. Hanson. Hearing the commotion, Mr. SMART came out of the house and commanded Spot
to “hold down,” at which time the dog immediately released Ms. Hanson’s foot and ran to Mr.
SMART. Mrs. SMART called 911 and within minutes the Anytown Fire Department and
paramedics arrived at the scene. They staunched the flow of blood from Ms. Hanson’s foot and
transported her to Smalltown Hospital where she was sedated and received 140 stitches in her
right leg, ankle and foot. She was given a tetanus shot and admitted for overnight observation.
Smalltown Police Department arrived at the scene where they took a report from Mr. &
Mrs. SMART, recorded Spot’s rabies number, and informed them that Spot would have to be
impounded for 10 days as required by county ordinance. The SMART’s informed the police that
they would take Spot to their veterinarian for the period of impoundment. The police attempted
to interview Ms. Hanson at the hospital, but she was heavily sedated and could not speak at the
time.
Trial was held in Fictitious Trial Court on December 19
th
, 2008, Honorable Judge Noble
Judge presiding. Judge Judge ruled that while Ms. Hanson was in fact bitten by Spot and was
required to have 140 stitches, the Defendant’s would not be held liable under the “first bite”
doctrine. The first bite rule exempts .
Animal Cruelty Investigation in New York StateHVCClibrary
New York State's animal cruelty law is located in the Agriculture and Markets Law, Article 26. Article 26 defines animal cruelty and neglect, and establishes penalties for offenses. It prohibits acts that torture, injure, or fail to provide sustenance to animals. More serious offenses, like aggravated cruelty and animal fighting, are felonies. When investigating cruelty complaints, law enforcement and humane officers may seize animals kept in inhumane conditions and photograph evidence of injuries or neglect. The law aims to prevent cruelty and protect animals from abuse and neglect.
Presented in 2007, when I was an assistant prosecutor at the Tohono O'odham Nation, an American Indian tribe straddling the U.S.-Mexico border in Arizona.
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The document summarizes laws related to animal cruelty enforcement and provides an overview of "ag gag" legislation. It discusses 5 approaches states take to oversee humane societies and their law enforcement powers. It uses New York laws as an example, outlining misdemeanor and felony animal cruelty statutes as well as seizure, search, and cooperation requirements. It also discusses Fourth Amendment rights and provides tips for dealing with farm inspections by non-police officers or activists. Finally, it summarizes existing and proposed "ag gag" laws in several states that restrict unauthorized photography and video recording at agricultural facilities.
Similar to Plaintiff's Guide to Dog Bite Litigation (20)
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3. Michael Kaiser is president of the Kaiser Legal Group and founder
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4. Emergency rooms treated 368,245 dog bite victims in
2001. (Centers for Disease Control and Prevention).
The insurance industry pays out over $1 billion a year
in dog-bite claims. (Humane Society of the United
States—National Pet Related Statistics, 2005).
In 2005 the average insurance claim paid out for a
dog bite was $ 21,000. (Insurance Information
Institute).
5. Initial Investigation of the Case
Applicable Laws For Liability
Who Can Be Held Liable
Insurance Coverage
Discovery Issues
Damages
Trial Evidence
Anticipating Legal Defenses
6. Initial Investigation of the Case
Applicable Laws For Liability
Who Can Be Held Liable
Insurance Coverage
Discovery Issues
Damages
Trial Evidence
Anticipating Legal Defenses
7. Take pictures. A picture is worth a thousand words.
Investigate the location of the incident. Get a feel for
the scene.
Contact Animal Control and Law Enforcement and
have the matter investigated. Tactfully push to have
the dog taken into custody.
Make contact with witnesses. Memories and often
willingness fade quickly. Record statements.
8. Clearly identify the owner of the dog. Over time
defendants will sometimes attempt to disclaim
ownership. Try and get a statement from the
defendant. Then ask to record the statement. You
want to come across as someone who “understands
that dogs will be dogs.”
9. Was he or she aware of any vicious or dangerous
propensities?
Have there been past incidents?
Have there been past complaints?
Have people been injured in the past, even when the
dog was simply “playing”?
What did the owner do to prevent the attack?
10. Obtain the dog’s entire history including the names of
veterinarians, kennels, previous owners, dog-sitters,
trainers if applicable, siblings and parents, and
breeders. Also obtain the addresses for all locations
where the owner and dog have lived, the dog’s
training history, the defendant’s past and present
ownership of other animals as well as their histories,
and what the dog at-issue is used for. This list
obviously is not inclusive.
11. Initial Investigation of the Case
Applicable Laws For Liability
Who Can Be Held Liable
Insurance Coverage
Discovery Issues
Damages
Trial Evidence
Anticipating Legal Defenses
12. Roughly half the states follow common law
approaches to dog bite cases.
Under common law in many states—and arguably
attitudinally everywhere—dogs are considered
harmless unless it can be shown the animal has
“dangerous and vicious” propensities.
13. 509, Restatement Second of Torts, comment f, states,
“The majority of dogs are harmless . . . the possession
of characteristics dangerous to mankind . . . is properly
regarded as abnormal for them.”
518, Restatement Second of Torts, comment j, states,
“[T]here are certain domestic animals so unlikely to do
harm if left to themselves and so incapable of constant
control if the purpose for which it is proper to keep
them is to be satisfied, that they have traditionally been
permitted to run at large. This class includes dogs . . .
.”
14. Black’s Law Dictionary defines a vicious animal as
“(1) an animal that has shown itself to be dangerous
to humans, (2) Loosely, one belonging to a breed or
species that is known or reputed to be dangerous.”
15. 1. Animal had “vicious or dangerous”
propensities abnormal to its class or breed,
2. The injury resulted from the animal’s “vicious
or dangerous” propensities, and
3. The animal’s owner or keeper knew or had
reason to know of these propensities but
failed to take reasonable care.
16. Dog was a particular breed. (German Shepherd)
Dog was trained, and acted, as a watchdog.
Dog was kept chained, indicating owner knew of
animal’s dangerous propensities.
Dog weighed almost 100 pounds and stood close to
six feet on its hind legs.
Radoff v. Hunter, 323 P.2d 202 (California Court of
Appeals, 1958).
17. Plaintiff was bitten on the lip by a Scottish Terrier
when she tried to pet him.
Court found that evidence introduced that the dog had
previously eaten owner’s pet Cockatiel was not
indicative that the dog had dangerous or vicious
propensities abnormal for its class.
Pfeffer v. Simon, No. 05-02-01130-CV, 2003 Tex. App.
Lexis 2495 (Texas Court of Appeals).
18. Dog was kept muzzled. Russell v. Lepre, 470
N.Y.S.2d 430 (Supreme Court of New York, 1984).
Animal had been mistreated. Denil v. Coopersmith,
343 N.W.2d 136 (Wisconsin Court of Appeals, 1983).
Animal had a reputation for being bad-tempered.
Butts v. Houston, 86 S.E. 473 (Supreme Court of
Appeals, West Virginia, 1915).
19. Owner had a “beware of dog” sign. Dargen v. King,
742 P.2d 72 (Court of Appeals of Oregon, 1987).
Animal was sick and thus irritable. Rickrode v.
Wistinghausen, 340 N.W.2d 83 (Michigan Court of
Appeals, 1983).
20. Allows someone to prove scienter by demonstrating
the defendant had actual or constructive knowledge
of the dog’s “breed propensity.”
“Breed propensity” is an issue of fact for the jury.
Who qualifies as an expert for purposes of defining a
breed’s propensity? Veterinarian, behaviorist, kennel
worker, lay person with personal experience, or
someone else?
21. One-Bite Rule—A dog can have one incident in which
it bites someone. The rule provides a liability-shield
for the owner the first time a dog bites someone, but
afterward it is considered that the owner has been put
on notice. Only about a half-dozen United States
jurisdictions continue to use the rule.
22. Plaintiff is always going to want to argue for an
objective standard to be used regarding whether a
defendant’s failure to foresee a dog’s dangerousness
or viciousness was reasonable. Otherwise, you
almost always are going to be up against the
defendant’s argument that they had no reason in their
mind to suspect or foresee that their animal had the
potential for harm.
23. Eg. Allowing an animal to harm someone.
You need to be careful asserting this because the
closer you get to alleging intentional behavior, the
closer you get to negating the coverage that many
insurance polices provide. Intentional acts are often
not covered.
24. Plaintiff was attacked by the defendant’s three dogs
when she visited the defendant’s residence to drop off
beauty products ordered by the defendant. When the
front door opened the dogs pushed through and the
defendant did nothing to stop the attack, including
scolding the dogs.
Court remanded the case because there was an issue
of material fact as to whether defendant’s response
was negligent and, if so, to what extent.
25. Not seen that often in dog-bite cases because the
focus typically is on the animal’s propensities and the
owner’s alleged negligence.
Court found attack was an “activity” rather than a
“dangerous condition,” thus not triggering premises
liability. Boots ex rel. Boots v. Winters, 179 P.3d 352
(Idaho Court of Appeals, 2008).
26. Patron of business injured while lawfully on business
property was allowed to argue premises liability.
(Hartford Casualty Ins. v. Litchfield Mutual Fire Ins.,
274 Conn. 457 (2005); Burke v. Fischer, 182 S.W.2d
638 (Ky. 1944)).
27. Strict liability traditionally applied when farm
animals got loose.
Even in jurisdictions that purportedly follow a “strict
liability” standard, the reality is many also examine
foreseeability and negligence.
28. “If a dog bites a person, without provocation while the
person is on public property, or lawfully on private
property, including the property of the owner of the
dog, the owner of the dog shall be liable for any
damages suffered by the person bitten, regardless of
the former viciousness of the dog or the owner’s
knowledge of such viciousness.”
29. Court held that the strict liability statute affixing
liability when a dog “attacks or injures” applied in
case where running Springer Spaniel bumped into
plaintiff, causing him to fall and injure himself. Boitz
v. Preblich, 405 N.W. 2d 907 (Minn. Ct. App. 1987).
30. A dog bit a horse who in turn threw its rider.
Court found the owner not liable under strict liability
statute that held owners liable when dog bites or
injures “any person.”
Dog bit the horse, not the person.
31. Jehovah Witnesses were canvassing a neighborhood. As
they walked up the driveway of a residence, a chained pit
bull pushed one of the Jehovah Witnesses to the ground
and she broke her hip.
Plaintiff was allowed to bring out that pit bulls were
historically bred for aggression and that the dog-at-issue
weighed upwards of 70 pounds and had a tendency to
jump on people.
Jury found pit bull was not abnormally dangerous.
Court found the jury should have been instructed on the
standard of negligence and ordinary care related to the
manner in which the pit bull was, or was not, restrained in
the yard.
32. Court found that doctrine of election of remedies
allows simultaneous pursuit of both common law and
statutory causes-of-action because the statutory and
common law remedies were not repugnant or
inconsistent with each other. Beckett Et. Al., v.
Warren Et. Al., 124 Ohio St.3d 256 (2010).
33. Generally designed to address situations involving children.
It is argued that there was something dangerous that had
features that attracted a child.
Typically a difficult case to make when the issue is an
animal. What makes one animal more “attractive” than
another?
However, if you can find something else about the premises
that was “attractive” and argue that brought the child onto
the premises where in turn the child was attacked, then you
have a stronger argument that there is an “attractive
nuisance” element to your dog-bite case.
34. Must establish that the law-at-issue was designed
specifically to prevent dog bites.
It has been held that leash laws are intended to
prevent dog bites. (Eg. See Miller v. Hurst, 448 A.2d
614 (Pennsylvania Superior Court, 1982).
35. Court found the defendant not liable in negligence or
negligence per se. The negligence per se claim was based on
violation of an ordinance that dogs could not be loose off of
the property where they reside between the hours of 6:00 p.m.
and 6:00 a.m. Dogs had been running off of the property
while playing, although the incident-at-issue occurred on the
owner’s property.
Dogs were Irish Setters and playing. Defendant could not have
foreseen the potential danger that the dogs would run into a
stationary object—a lady—and knock her over, breaking her
hip. Dogs had no history of running into stationary objects.
Furthermore, the court said, the plaintiff had seen the dogs
playing and still walked on to the property.
36. Initial Investigation of the Case
Applicable Laws For Liability
Who Can Be Held Liable
Insurance Coverage
Discovery Issues
Damages
Trial Evidence
Anticipating Legal Defenses
37. Courts generally do not hold third-party property
owners responsible, especially if they do not know
the dog is present or dangerous.
Absentee landlord held not liable. Batra v. Clark,
110 S.W.3d 126 (Tex. Ct. App. 2003).
Owner of property where tenant’s dog exceeded
lease’s size restrictions held not liable. Braun v. York
Property, Inc. 583 N.W.2d 503 (Mich. Ct. App.
2003).
38. Court held that even if the dog-at-issue was vicious,
which the court found the plaintiff had failed to
establish, there was no evidence landlord was aware
of dog’s propensities. Carter v. Metro North
Associates, 680 N.Y.S.2d 239 (App. Div. 1998).
Landlord could not be held liable even if he knew of
animal’s vicious propensities, could have foreseen the
injury, and failed to terminate the tenant’s month-to-
month lease. Mitchell v. Bazzle, 404 SE 2d. 910
(South Carolina Court of Appeals, 1991).
39. In North Carolina a landlord can be held liable. In
this case the landlord did not remove dogs who had
committed two attacks prior to the attack-at-issue.
Holcomb v. Colonial Associates LLC, 597 SE 2d 710
(N.C. 2004).
Florida also imposes a duty on landlords to protect
tenants from known vicious dogs. Ramirez v. M.L.
Management Co., 920 So.2d 36 (Florida Court of
Appeals, 2006).
40. Mother let acquaintance of her daughter reside at
mother’s residence with his two dogs.
Four months later the dogs bit a passerby.
Wisconsin statute defined owner as one who “owns,
harbors, or keeps the dog.”
Court found mother strictly liable as statutory owner.
She had harbored the two dogs for four months at
time of incident. Pawlowski v. American Family
Mutual Ins. Co., 777 N.W.2d 799 (2009).
41. A child was mauled by a Lab/Rottweiler mix.
The dog belonged to the adult son of the owner of the house
where the incident took place. The son was renting the house
from his father on a month-to-month tenancy.
Question was whether the dad was a “harborer” because he
had possession and control of the premises and allowed the
dog to remain.
Court found the father could be held liable because the father
and son lived on contiguous properties, the son worked for the
father on the premises where he lived, there was no written
lease, and the father acknowledged in a deposition that he had
the power to have his son remove the dog.
42. Court found no precedent or support for the
proposition that propensities of certain dogs related
by blood or breed create an obligation for a person to
provide such information to someone whom that
person is transferring control of a dog. Mieloch v.
Country MutualInsurance Company, 628 N.W.2d 439
(Wis. Ct. App. 2001).
43. Real estate agent was aware the owner of a house had two
dogs but the agent never had witnessed dangerous behavior
by the dogs. When the agent listed the house she indicated
the owners had dogs.
Another agent was showing the house and did not indicate
the presence of the dogs, who bit some prospective buyers.
The court granted summary judgment to both agents and
their agency because it was highly questionable they were
“occupiers” of the home and, furthermore, they did not
know the dogs were dangerous.
Gibson v. Rezvanpour, 601 S.E.2d 848 (Court of Appeals of
Georgia, 2004).
44. Initial Investigation of the Case
Applicable Laws For Liability
Who Can Be Held Liable
Insurance Coverage
Discovery Issues
Damages
Trial Evidence
Anticipating Legal Defenses
45. Homeowners—In 2005, 15% of money paid out on
homeowners’ policies involved dog bites. (Insurance
Information Institute).
Renters
Umbrella
Automobile
Business
46. Insured’s adult son was housesitting and his dog bit a
passerby. The court ruled that just because the son was “at”
the home did not mean he “lived” in the home for purposes of
homeowner’s coverage. Felton v. Nationwide Fire Insurance
Co., 839 N.E.2d 34 (Ohio Court of Appeals, 2005).
Daughter was living in her mother’s second home when the
daughter’s dog bit a visitor at that residence. Kentucky Court
of Appeals ruled the daughter was not covered under the
mother’s homeowner’s policy because the daughter did not
live with the mother. Grimes v. Smith, No. 2004-CA-001756-
MR (2005). Unpublished.
47. Federal District Court upheld a non-licensed dog
exclusion in homeowner’s policy because dog’s
license and vaccinations had expired. Nationwide
Mutual Fire Insurance Co. v. Creech, 431 F.Supp. 2d
710 (E.D. Kentucky, 2006).
48. Insured transported dog in back seat of car. A passenger
entered the front seat and the dog lunged forward and bit
her. Insured had homeowner’s and automobile policy.
Homeowner’s insurance company filed a declaratory
judgment seeking a ruling that the auto insurance policy
covered the incident.
Court found there must be a causal connection between the
vehicle itself or its permanent attachments and the dog to
render injury “arising out of” the
ownership, maintenance, or use of the vehicle. Farmers v.
Allied Property and Casualty, 253 Neb. 177 (1997).
49. Plaintiff was bitten by dog while walking around the
back of a pickup.
The court ruled that the auto insurance should cover the
injury because the incident occurred while the dog was
in the open rear deck of the pickup truck because the
truck was transporting the dog. Moreover, the court
reasoned the incident was facilitated by the height and
open design of the deck.
50. More and more insurance companies are refusing
to issue policies to homeowners who own certain
breeds.
Examples of breeds that have drawn scrutiny or
been excluded include, among others, Pit Bulls,
Dobermans, Rottweilers, Chow Chows, German
Shepherds, and Bulldogs.
51. Initial Investigation of the Case
Applicable Laws For Liability
Who Can Be Held Liable
Insurance Coverage
Discovery Issues
Damages
Trial Evidence
Anticipating Legal Defenses
52. Look near fence lines for signs the dog raced back
and forth as people or other animals passed by. Look
for bite marks on the fence. Was the fence of
adequate height?
Look inside the house for signs of damage and
aggression by the dog as well as signs of how the dog
was cared for and treated.
Attempt to have dog examined—on film—by a
behaviorist of your choosing.
53. Veterinarian
Kennel
Neighbors
Mailman
Breeder
Animal’s behaviorist, if one has been used
Former owners of dog
Babysitter
54. Pet sitter
Gardeners
Utility workers
Homeowner’s association
Domestic help
55. Insurance company documents pertaining to any
previous incidents involving the owner or the dog.
Veterinarian records including hand-written notes.
Hand-written notes often times are the only place you
will find notations regarding problems the veterinary
staff had with the dog or caution they felt should be
taken with the dog.
Court records
Kennel records
56. Be specific as possible while at the same time leaving the door
as wide open as possible. Agencies like to cite lack of
specificity as a reason for not providing documents. On the
other hand, they also like to look at the request as narrowly as
possible so as to rule out providing certain documents.
Obtain Animal Control and Police records including records
relating to any quarantining of the animal. Start early.
Agencies like to stall when they do not want to provide the
information and know you are under a time constraint.
Agencies also are often worried they will become defendants.
57. If you disagree with the results of the investigation, get
personnel records of the officers-at-issue, records
related to past investigations conducted by both the
officer and the agency that involved similar incidents,
and agency manuals and procedures for conducting
investigations.
58. Initial Investigation of the Case
Applicable Laws For Liability
Who Can Be Held Liable
Insurance Coverage
Discovery Issues
Damages
Trial Evidence
Anticipating Legal Defenses
59. Loss of consortium
Lost wages
Loss of future earning capacity
Present and future pain and suffering
Mental health—present and future
Physical damages
Permanent scarring and/or disfigurement
Impact on future social possibilities including
marriage
60. Current and future medical costs
Life care
Punitive damages
Loss of enjoyment of life
Post Traumatic Stress Disorder
Damage to spouse and family
61. Initial Investigation of the Case
Applicable Laws For Liability
Who Can Be Held Liable
Insurance Coverage
Discovery Issues
Damages
Trial Evidence
Anticipating Legal Defenses
62. One study has indicated that jury verdicts are on
average 24% higher than settlement amounts in
animal injury cases.
(Personal Injury Verdict Reviews, March, 3,
1997).
63. Use pictures. Blow up a couple big ones. Get a
“Before” and “After” picture and, once they are
introduced, leave them up the entire trial.
If you can afford it, prepare a video reconstruction.
An image of a dog ravaging your client, combined
with “Before” and “After” pictures, will have lasting
impact.
64.
65.
66.
67. Can be expensive, especially in relation to the average
payout in a dog-bite case.
Often times experts are going to be testifying as to “what
was the animal thinking?” Dangerous territory in which
to expend substantial resources unless you have a very
credible and convincing expert.
“Experts” in animal behavior are many times going to be
up against the trier-of-facts’s own ideas of what makes an
animal tick. And who can refute whom? Ultimately no
one knows what goes on inside an animal’s head.
68. Make sure you do not put a witness on the stand who
evinces a distaste for dogs in general. You already
will have a hard time keeping your victim from
coming across as someone who dislikes or thinks
poorly of dogs. Percentages indicate there will be
dog lovers on your jury. They need to see the dog-at-
issue in your case as a very isolated example.
69. You are looking for people who probably have had bad
experiences with dogs.
Delivery people.
Law enforcement.
Many veterinarians and their employees.
Cat owners.
Some older people become more wary of dogs.
70. Initial Investigation of the Case
Applicable Laws For Liability
Who Can Be Held Liable
Insurance Coverage
Discovery Issues
Damages
Trial Evidence
Anticipating Legal Defenses
71. Usually requires a showing that the plaintiff had
knowledge of the potential danger and voluntarily
exposed himself to the risk.
Typically not applicable in dog-bite cases.
However, it has been applied in cases involving
veterinary workers, kennel employees, and behavior-
modification specialists. (Priebe v. Nelson, 39 Cal.
4th 1112 (2006).
72. There are very few jurisdictions that follow the
contributory negligence rule. (ie. Plaintiff gets
nothing if they contributed in any way to damages.)
Vast majority follow the comparative model, which
apportions fault.
This leaves the door open to all kinds of creative
arguments by the defense because we only can
speculate in most cases as to what incited a dog to
attack and, furthermore, how aware the owner was of
the dog’s dangerous propensities.
73. In a case involving a wife who was bitten by a police
dogs while her husband was being arrested, the court
found the police department had immunity and that
the police dogs were protected by vicarious liability.
Hyatt v. Anoka Police Department, 700 N.W.2d 502
(Minnesota Court of Appeals, 2005).
74. Citizen has a right to a warning before police release
a bite-and-hold trained animal. Kuha v. City of
Minnetonka, 365 F.3d 590 (8th Cir. 2003).
Innocent man sleeping in backyard of stepson’s home
was attacked by police dog and beaten by the police.
Jury found for plaintiff on issue of unlawful seizure
and awarded $750,000. Rogers v. City of Kennewick,
2007 WL 2055038 (E.D. Wash. July 13, 2007).
75. Saucier v. Katz, 533 U.S. 194 (2001). Two-part test for
determining if a public official is entitled to qualified
immunity.
(1) Court must ask whether “the facts alleged show
the official’s conduct violated a constitutional right.”
(2) If so, Court must determine if the constitutional
right was “clearly established.”
However, Saucier was substantially modified by
Pearson v. Callahan, 555 U.S. 223 (2009), in which
the Court stated that courts have discretion to base
the inquiry solely on Saucier’s second prong.
76. Police serving a search warrant on a Hells Angels’
clubhouse decided to preemptively kill three pit bulls
on the premises. Very gruesome details.
Court held that the shooting of the dogs was an
unreasonable seizure.
Court ruled the 4th Amendment was also violated by
the manner in which the search warrant was
executed. The police had a week to plan how they
were going to deal with the pit bulls.
77. Plaintiff was severely injured by two dogs who escaped their
enclosure.
In the nine months prior to the attack, five complaints had been
lodged with police and animal control about the dogs attacking or
biting people as well as killing a neighbor’s cat.
Each time the police or animal control investigated they declined to
impound the dogs even though a local ordinance required
impoundment of dogs found running at large.
Court reversed judgment in favor of the plaintiff, equating animal
control officers with police officers and then relying on Florida
precedent that provides that government is not liable for a police
officer’s discretionary decision not to make an arrest.
78. In certain states, such as Washington, a negligent
parent is immune from liability unless the parent was
acting outside their official parental capacity or their
conduct was willful and wanton.
Very fact-intensive inquiry.
79. Plaintiff provoked the dog.
Plaintiff was trespassing.
Argument that a dog who is playing and causes an
injury is not an example of a vicious or dangerous
dog as envisioned by common law or statute.
Animal’s breed does not automatically qualify dog as
dangerous or vicious. People can get very emotional
over this issue.