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, and evidence tending to prove that a dog has vicious propensities includes
- a prior attack;
- the dog’stendency to growl, snap, or bare its teeth;
- the manner in which the dogwas restrained;
- and a proclivity to act in a way that puts others at risk of harm.
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