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13 Animal L. 129 (2006-2007)
There Are Not Bad Dogs, Only Bad Owners: Replacing Strict Liability with a Negligence Standard in Dog Bite Cases

handle is hein.journals/anim13 and id is 139 raw text is: ARTICLES THERE ARE NO BAD DOGS, ONLY BAD OWNERS: REPLACING STRICT LIABILITY WITH A NEGLIGENCE STANDARD IN DOG BITE CASES By Lynn A. Epstein* Should the law treat dogs as vicious animals or loving family companions? This article analyzes common law strict liability as applied to dog bite cases and the shift to modern strict liability statutes, focusing on the defense of provocation. It discusses the inconsistency in the modern law treatment of strict liability in dog bite cases. The article then resolves why negligence is the proper cause of action in dog bite cases. The Author draws comparisons among dog owner liability in dog bite cases, parental liability for a child's torts, and property owner liability for injuries caused by his property. The Author concludes by proposing a negligence standard to be applied in dog bite cases. I. INTRODUCTION ......................................... 130 II. COMMON LAW STRICT LIABILITY: A DOG OWNER FRIENDLY LAW ......................................... 132 III. MODERN DAY STRICT LIABILITY: A DOG VICTIM FRIENDLY LAW ......................................... 134 IV. NEGLIGENCE: THE PROPER CAUSE OF ACTION IN DOG BITE CASES ....................................... 138 V. DOGS AS CHILDREN OR PROPERTY: THE APPLICATION OF A NEGLIGENCE STANDARD IN COMPARABLE INJURY CASES .......................... 141 VI. CRAFTING A NEGLIGENCE STANDARD FOR DOG BITE CASES ............................................. 143 VII. CONCLUSION ........................................... 145 * © Lynn A. Epstein 2006. Professor Epstein is a Professor of Law at Nova South- eastern University. She holds a B.S. from Long Island University and a J.D. from Nova Southeastern University. [129]

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