In what circumstances will a plaintiff be able to bring a claim against the owner of the dog that bit her hand?
California, United States of America
The following excerpt is from Drake v. Dean, 15 Cal.App.4th 915, 19 Cal.Rptr.2d 325 (Cal. App. 1993):
In Westberry v. Blackwell (1978) 282 Or. 129, 577 P.2d 75 defendant's dog inflicted a superficial bite on plaintiff's hand as plaintiff made her way into defendant's house. As plaintiff was leaving, and after being assured by defendant the dog was docile, the dog bit plaintiff even more severely on the other hand. Plaintiff sued on theories of strict liability and negligence but nonsuit was granted as to both theories.
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