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Sam owns a German Shepard named Hero. Sam lives in Boise, Idaho and has a large gated adjoining front and backyard where Hero spends his

Sam owns a German Shepard named Hero. Sam lives in Boise, Idaho and has a large gated adjoining front and backyard where Hero spends his days while Sam works. While Hero barks at every car that passes Sam's house, he has never bitten anyone. In fact, Sam takes Hero to the Boise VA on the weekends where Hero serves as a therapy dog. Because of a home invasion in the neighborhood, Sam has placed several "Warning! Guard Dog Present" signs on his property to ward off potential robbers, as well as keep the neighborhood kids from jumping into his pool when he is gone during the day. The postman that regularly visits Sam's house knows about Hero, and often pets him and gives him dog treats when he visits the home to deliver the mail. The mailbox is attached to the front door and the postman must go into the fenced front yard to put the mail in the box. However, one afternoon, a new postal employee named Patty comes to deliver Sam's mail. Before opening the front yard fence gate to deliver the mail, she looks for the presence of any dog and sees the signs. Not seeing a dog and believing that the signs may have been posted merely for deterrence value, Patty enters the yard. Out of nowhere, Hero jumps on Patty and bites her arm hard. Patty only escapes Hero's attack after spraying the dog with pepper spray. Patty suffers several lacerations and broken bones on her arm. Does Patty have any rights to sue Sam and if so, based on what tort theory? Be sure to research Idaho animal law and liability for owners. Don't forget to examine the elements and how they apply to the facts. Also, what damages would be available? For purposes of this discussion you do not have to discuss worker's comp issues, but you are welcome to if you want to research and analyze how that would affect her legal rights against Sam and Hero if you want.

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