Dogs

Summary:

In this South Carolina case, a dog owner brought a negligence action against a hog farmer who shot two of the owner's champion "Treeing Walker Coonhound" dogs. The farmer counterclaimed, alleging damages for the dogs' action and malicious prosecution. The lower court ordered judgment for the dogs' owner (Ott) in the amount of $19,800, finding Pittman 90% liable. On the farmer's appeal, this court upheld the $19,800 award, finding sufficient support based on expert testimony about the specific qualities of the breed.

Summary:

In this South Carolina case, the court considered the meaning of the term "or" in the state's dog bite statute, SC ST 47-3-110, and whether that word allows a plaintiff to pursue a statutory claim against the owner of the dog while that dog is in the care of another. The facts concerned a veterinary assistant who sued a county sheriff's officer after she was bitten by a police dog while the dog was kenneled at the veterinary clinic where she worked. The lower court granted summary judgment for the sheriff's office. The Supreme Court disagreed with this interpretation. Based on a plain language reading of the statute, the Court concluded that the Legislature intended to allow a claim against the owner of the dog when another person has the dog in his care or keeping.

Summary:

The plaintiff argues that G.L. 1956 (1987 Reenactment) § 4-13-16 permits recovery for indirect injuries, specifically including emotional trauma resulting from the destruction of property, in this instance the destruction of plaintiff's dog by two other dogs.  The court disagrees, finding that under § 4-13-16, a person may recover damages in a civil action from a dog owner where the dog causes an injury to a person or to another domestic animal, and nothing in the statute permits recovery for emotional trauma.  With regard to the negligent infliction of emotional distress claim, the court notes that in this jurisdiction a third party may recover if, inter alia, the party is a close relative of the victim, which was not the case here. 

Summary:

After a dog injured a city inspector during an inspection of a property, the inspector sued the homeowners. Inspector alleged strict liability, premises liability, and negligence. The Supreme Court entered summary judgment for the defendants on the premises-liability and negligence claims because the inspector failed to show that homeowners had knowledge of their dog's vicious propensities. These claims were subject to the common law one-bite rule (and not strict liability) because the injuries occurred within an enclosed area on the owner’s property.

Summary:

Appellant, Pet City and Supplies, Inc. appealed from the judgment in the amount of $1,638.52 entered in favor of Appellee, Christopher A. Cavallini following a bench trial. The trial court determined that Cavallini was entitled to damages due to Pet City's violations of the Dog Purchaser Protection provisions of the Unfair Trade Practices and Consumer Protection Law (UTPCPL). Cavallini purchased a Yorkshire terrier puppy from Pet City that was represented as a pure bred. After several attempts, Pet City failed to supply Cavallini with the requisite registration papers. On appeal, Pet City contended that the trial court erred as a matter of law by determining a private action can be brought under the Dog provisions of the UTPCPL, and erred as a matter of law by imposing a civil penalty against Pet City under the UPTCPL. In finding that the statute does provide a private cause of action, the court looked to the purpose of the statute rather than the plain language. However, the court found the inclusion of a civil penalty in the part that allows a private action was inconsistent with the statute.

Summary:

Defendant appeals his conviction of harboring a dangerous dog.  The Court affirmed, holding that there was sufficient evidence supporting the conviction, and also holding that serious injuries are not a prerequisite for convicting a defendant for harboring a dangerous animal.

Summary:

Summary: The trial court dismissed a couple's complaint asking the court to enforce a settlement agreement which provided for shared custody of the couple's dog.  The appellate court upheld that decision, holding that the settlement agreement was void to the extent that it attempted to award visitation or shared custody with personal property.

Summary:

In this Pennsylvania case, a new resident moved next door to a woman who had been operating a kennel for years.  He then complained to the borough council which then amended an ordinance such that the keeping of more than six dogs over six months of age was made a nuisance per se, illegal and a violation of the ordinance.  The court held that it did not believe that the borough council or the court had the power or the authority to determine that more than a certain number is a nuisance per se, and less than that number is a nuisance only upon proof of the same being a nuisance. "In other words, it is our opinion that the borough council, in the exercise of its police power may not unreasonably and arbitrarily prohibit things which were not nuisances at common law, and their declaration in an ordinance that a thing is a public nuisance does not make it so, if it is not a nuisance in fact . . ."

Summary:

Dog owner appealed conviction of harboring a dangerous dog that attacked a child in violation of the Dangerous Dog Statute. The Commonwealth Court held that the statute imposes strict liability for the dog’s first bite if a dog inflicts severe injury on a human being without provocation.