Posts Tagged ‘jumping’

Son in law’s dog knocks mother in law down stairs

January 31st, 2011 1 comment

In New York, a dog owner can be held liable for a dog bite under a theory of strict liability if the owner was, or should have been, aware of the dog’s vicious propensities.   But what if your dog simply has a propensity to playfully jump on people?  A Brooklyn Supreme Court judge recently granted summary judgement to a mother in law who was injured when her son in law’s dog jumped on her causing her to fall down a flight of stairs.  In Bannout v. McDaniels 9920/09, NYLJ 1202479668419, at *1 (Sup., KI, Decided January 4, 2011) the court conlcuded that the dog’s proclivity to jump on people was sufficient to establish strict liability against the dog’s owners.   “A known tendency to attack others, even in playfulness, as in the case of an overly friendly large dog with a propensity for enthusiastic jumping up on visitors, will be enough to make the defendant liable for damages resulting from such an act” Anderson v. Carduner, 279 AD2d 369, 370 [2001], quoting Thirlwall v. Galanter, 66 Misc 2d 88, 90, quoting Prosser, Torts, at 515 [3d ed

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