Dog Owner Bit in Face Can't Sue Seller of Dog?
On August 17, 2016 an Appellate Court overruled a Judge in Nassau County Supreme Court who had refused to dismiss a lawsuit against the North Shore Animal League (animal shelter) by a consumer who "adopted" one of their dogs. The lower court believed that a jury should decide whether the shelter fraudulently concealed knowledge of the dogs vicious propensity because the dog had been returned twice by other dog lovers for aggressiveness and biting.
The Appellate Court noted that the consumer had owned the dog for over 3 months and was fully aware of the dog's vicious propensities which included: growling while being fed by the owner; lunging at people from behind a fence; and, biting the owners hand 1 month earlier so severely, she was hospitalized for 3-4 days. It was not until the dog bit its owner's face, did the owner sue the North Shore Animal League.
The Appellate Court dismissed the owners lawsuit explaining that even if the owner wasn't properly told of all known vicious propensities possessed by the dog---the owner was well aware before the dog bit her face that the dog was vicious. Therefore, the North Shore Animal League was not the cause of the plaintiff's facial injuries--the plaintiff already knew her dog was a threat.
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment