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re: My baby girl got attacked by a dog
Posted on 2/1/13 at 9:59 am to AlxTgr
Posted on 2/1/13 at 9:59 am to AlxTgr
quote:
The key language is, "...caused by the dog and which the owner could have prevented..."
Yep, and that's why the dog being chained up hurts the case if anything. It shows that there were steps taken to prevent it. The question is whether those steps constituted a reasonable attempt to prevent it.
Also, remember dog bites are strict liability, therefore owners knowledge of the dogs tendencies to bite is not an element that needs to be shown.
1
Posted on 2/1/13 at 10:02 am to UpToPar
quote:
It shows that there were steps taken to prevent it. The question is whether those steps constituted a reasonable attempt to prevent it.
So chaining the dog in the front yard where the kids were playing and is able to hide under a car out of sight from children running around is hardly reasonable steps IMO. In reality, the dog was chained up most likely to prevent the bitch from running away, not to prevent the dog from harming a kid.
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