• Negligence
• Strict Liability Based on Common Law
• Strict Liability Based on Dog Bite Statute
• Intentional Tort – Assault Intended
• Negligence Per Se Based on Violation of Leash Law or Other Animal Control Law
• Landlord Liability – Residential Landlord
• Landlord Liability – Commercial Landlord
• Infliction of Emotional Distress on Bystander
• Intentional Tort – Battery Via Reckless Act
• Injury by Reason of Failure to Provide Rabies Information
• Intentional Misrepresentation and Concealment by Animal Shelter or Rescue Group
• Negligent Misrepresentation by Animal Shelter or Rescue Group
• Intentional Infliction of Emotional Distress

• Description of the attacking dog
• Health of dog
• Prior biting history of dog
• Complaints by animal control and other third parties
• Muzzling and segregation of dog
• Dog fighting and guard dog training
• Signage at dogs residence
• Identification of breeder, trainer, veterinarian, and a dozen other third parties who may have information about dog
• Insurance coverage
• Surveillance, witnesses, statements
• Relevant documents
• Joint tortfeasors
• Failure to admit in response to Request for Admissions
• Facts, witnesses and documents relied on in Answer to Complaint

… and much more

• Animal control department investigations, citations, orders, and dog court proceedings
• Evidence of dog ownership
• Health records of the attacking dog
• Records of other bites and dangerous propensities
• The training of the dog
• Insurance and coverage disputes
• Documents that establish the basis for denying any Request for Admission
• Documents that establish the basis for an affirmative defense
• Photographs of the attacking dog

… and much more

• Ownership of the attacking dog
• No warning to the victim
• No provocation by the victim
• No negligence on the part of the victim
• No assumption of risk
• No exceptions to liability
• Victim had permission to pet or play with dog
• The dog previously bit another person and that dog owner knew it
• The dog bit the victim

… and much more

Deposition Questions – Owner, Fact Witness, Child Witness, Damages Witness, “Person Most Qualified.”

• Experience with dogs
• Breed of dog
• Prior owner of the attacking dog
• Why this dog was selected
• What the witness knew about the breed
• Establishing ownership and joint ownership
• Training of dog
• Veterinarian and others who know dog
• Knowledge that the breed is unsafe
• Health history of the dog
• Manner of keeping the dog, abuse of dog
• Fences, gates, signs, warnings
• Viciousness of the dog
• Complaints from neighbors about dog
• Treatment of dog on the date of the attack
• What the witness did on the date of the attack
• Temperament of attacking dog
• Socialization of dog
• Behavior of dog immediately prior to attack
• Prior experience of victim with the attacking dog
• Behavior of the victim on the date of the attack
• Warnings and assumption of risk
• How the attack began, what happened during it
• What the deponent did during and after attack
• What the witnesses did during and after attack
• Respondeat superior
• Statements of the parties
• The dog after the attack
• Preventative measures before and after the attack
• Animal control investigation, quarantine, orders
  … and much more

You’ll also receive Remedies in Dog Bite Cases — the full-length version of the article published in ATLA Trial Magazine as Put Some Teeth In Your Dog Bite Claim. This powerful resource breaks down a wide range of actionable dog-bite-related torts, including:

• Negligent infliction of emotional distress
• Failure to disclose rabies vaccination status
• Violations of leash laws and other public safety statutes

In addition, you’ll get Taking the Dog Owner’s Deposition — a targeted article by Attorney Kenneth M. Phillips. It guides you step-by-step through a focused, high-impact deposition of the defendant and anyone else who owned, kept, or harbored the attacking dog.

These companion pieces are designed to strengthen your strategy, sharpen your examination, and help you win.

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