Suppose Jack Major, one of your firm’s clients, owns a Rottweiler dog by the name of Misty, who recently bit a door-to-door salesman who came to their home. Jack is concerned that he will be sued and has come to your firm for legal advice. Jack assures you that Misty is generally a good-natured animal and that she has never bitten anyone before. Jack observed the salesman behaving in what he perceived as a threatening manner toward Misty and believes the salesman provoked her into biting him.
To discourage trespassing on his property, Jack has posted several warning signs indicating that a guard dog is on the premises. He admits that Misty is not much of a guard dog and that he has never encouraged her to be aggressive but believes that her imposing presence would intimidate most would-be trespassers. Your supervising attorney asks you to do some preliminary research to answer the following questions.
1. What statutes in your state relate to dog bites, and what do they provide?
2. Under what conditions is a dog owner strictly liable for injuries caused by his dog biting someone?
3. What can Jack argue, and what evidence will he need to present in his defense if he is sued on the basis of strict liability?