Dog Bite Claim Where a Dog Bit a Woman on the Thigh Causing Her To Fall*

Plaintiff Carber alleged she was injured when one of several canines - being shown for adoption by Petter's Home - attacked her. The dog bit her on her coat and thigh, causing her to fall.

The incident happened on the sidewalk in front of the PetsRpups store.

In order to recover for a dog bite claim or attack, the plaintiff must be able to show proof that the dog had vicious propensities. They must further prove that the dog's owner, or the person controlling the premises where the dog was, knew or should have known about the nasty disposition of the dog.

Vicious propensities refer to any act that "might endanger the safety of the persons and property of others in a given situation."

The defendants in this dog bite claim offered proof that the dog in question had been shown at least 30 times previously without incident. It was stated she was considered to be a sweet and easily shown dog who had no history of biting or jumping on anyone. It was further stated the dog had not shown any aggressiveness.

This information led the court to conclude that the defendants had no prior notice of any vicious propensities.

The plaintiff's reply did not give enough evidence to raise a question as to whether or not the dog had vicious propensities.

In this dog bite claim the court decided the plaintiff could not recover damages on the cause of common-law negligence.