Dog Attacks And 'Vicious Propensity' Laws
A 5-year-old girl had to get plastic surgery and 26 stitches after a black-and-white pit bull bit her left cheek in Wichita, Kansas. The dog owner, also the young girl's uncle, claims the dog was not dangerous and that girl provoked the dog. Animal control officials decided the dog should be euthanized; the owner appealed this decision but later dropped his appeal and relinquished the dog to officials. The appeal would have tested the city's new dangerous dog attack law, which determines if a dog has a vicious propensity based on the following factors:
1. The dog's history;
2. Its potential for biting;
3. Its living conditions, including the presence of children; and
4. The nature of a wound inflicted.
Further, a bite under this law could be justified if the dog were provoked or tormented.
The Corpus Juris Secundum (3B C.J.S. Animals § 323), a secondary source on the body of dog bite law compiling rulings from relevant court cases, a vicious propensity is generally defined as a propensity or tendency of an animal to do any act that might endanger the safety of the persons and property of others in a given situation.
Any propensity on the part of a domestic animal, which is likely to cause injury to human beings in situations where the party controlling the animal places him, is a dangerous or vicious propensity. It is not enough that there be potential danger, but there must be propensity, or a natural inclination to be dangerous.
Knowledge of an animal's viciousness or dangerous propensities toward humans must be accompanied by a showing the animal was inclined to cause the class of injury inflicted, to establish owners' liability for injuries. On the other hand, if the animal, to the knowledge of the owner, is vicious, he must keep it safely or respond in damages for injuries resulting from a display of its known propensities.
It is the act of the animal and not the state of mind of the animal from which the effects of a dangerous propensity must be determined. So, even if an animal is acting in mischievousness or playfulness, rather than maliciousness or ferociousness, if it has a tendency to do a dangerous or harmful act, it has a vicious propensity within the meaning of the rule. Therefore, the owner or keeper would be held accountable for personal injuries resulting from the known vicious propensities.
It is important to note that dog bite cases can also be brought pursuant to premises liability and dangerous condition.
As an experienced Missouri personal injury attorney, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately and aggressively take action on your case.
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