Dog Bites

• Author: Larry Booth/Roger Booth
• Pages: 315-326

9-1 (Rev. 2, 11/13)

Chapter 9

DOG BITES

I. ELEMENTS OF CAUSE OF ACTION AND AFFIRMATIVE DEFENSES

A. Theories of Liability

1. Statutory Liability

§9:01 Statutory Liability in General

§9:02 Proving Defendant Owns the Dog

2. Common Law Liability

§9:10 Scienter

§9:11 Proving Scienter

§9:12 Negligence, Negligence Per Se

§9:13 Premises Liability

§9:14 Assault and Battery

3. Liability of Landlords and Proprietors of Businesses

§9:20 Liability of Landlords

§9:21 Liability of Business Owners

§9:22 Guard Dogs

B. Defenses

§9:30 Trespass and Provocation

§9:31 Contributory or Comparative Negligence; Assumption of Risk

II. INTERVIEW AND INVESTIGATION

§9:40 Form: Interview of Plaintiff and/or Parents; Dog Bite Case

§9:41 Detailed Analysis of the Scene

§9:42 Canvass the Neighbors

§9:43 Check With Authorities

§9:44 Hiring an Expert

III. PLAINTIFF’S WRITTEN DISCOVERY

§9:60 General Information About Plaintiff’s Written Discovery

§9:61 Form: Interrogatories to Dog Owner

§9:62 Form: Requests for Production From Dog Owner

§9:63 Form: Requests for Admission to Dog Owner

§9:64 Subpoena Dog’s Medical Records