To what extent was each dog owner at fault?
To hold the other dog owner responsible, we have to determine the extent to which he or she was at fault.
To determine fault, the law will consider every factor that is relevant in any particular case. Below you will find a list of negligence factors. The list is not necessarily complete, so feel free to add to it if there is something in your case that belongs on the list.
For every factor on the list that applies to you or your dog, give yourself one point. For every factor that applies to the other dog owner, give him a point.
Every time you give yourself or the other dog owner a point, write the factor on the Case Brief Worksheet.
(Give each dog owner one point for factor that applies to him or her)
The dog owner has strict liability for the injuries to the other dog.
The dog owner was in violation of the leash law or other animal control law.
The dog had a history of viciousness toward other dogs
The dog had a history of viciousness toward people
The dog had been trained to be aggressive toward people or animals
The dog was of a breed commonly known as dangerous, such as pit bull, Rottweiler, Akita, Chow, Great Dane, German Shepherd, Dalmatian, Presa Canario, St. Bernard, or any other large, working dog
The dog was male and not neutered
The person handling the dog had gotten the dog overly excited, or made the dog aggressive, immediately before the incident
The dog was sick or injured
Any other factor that reasonably could be regarded as making a dog aggressive toward other dogs
How many points do you have? How many does the other dog owner have? If both of you have no points, click here.
Turn the points into percentages in the following manner. Add the total number of points. Then divide your score by the total number. Make it a percentage.
Do the same for the other dog owner. The percentages should add up to 100%. If they do not, carefully round them off so that they do.
Write the percentages on the Liability and Defenses sections of the Case Brief Worksheet.