1 Elements and Case Citations
To recover upon a theory of strict liability in tort for a dog bite or attack, a plaintiff must prove (a) that the dog had vicious propensities and (b) that the owner of the dog knew or should have known of such propensities. Vicious propensities include the propensity to do any act that might endanger the safety of the persons and property of others. Evidence tending to prove that a dog has vicious propensities includes:
- a prior attack;
- the dog’s tendency to growl, snap, or bare its teeth;
- the manner in which the dog was restrained; and
- a proclivity to act in a way that puts others at risk of harm.
Subscribers To The New York Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.
Subscribe to The New York Litigation Guide To Access Everything!
Click Here To See A Sample Chapter From The Guide