Animal Haven travels by way of a mobile van transporting companion animals to various events throughout the state so that adoptions may be facilitated. You may have encountered the organization's representatives in front of entrances to local malls, shopping centers or pet stores.
According to a recent decision, Ms. Virginia Claps was attacked by an Animal Haven animal, in front of a Petco store, and fell to the ground after being bitten "on her coat and thigh." In a personal-injury lawsuit filed by Ms. Claps in Nassau County Supreme Court, Animal Haven's motion to dismiss the case was granted on the grounds that the dog had no prior history of human attacks or other "vicious propensity."
On appeal, the Appellate Division, Second Department, affirmed and noted as follows:
To recover in strict liability in tort for a dog bite or attack, a plaintiff must prove that the dog had vicious propensities and that the owner of the dog, or person in control of the premises where the dog was, knew or should have known of such propensities ... Vicious propensities include the "propensity to do any act that might endanger the safety of the persons and property of others in a given situation" ....
Here, the defendants established their prima facie entitlement to judgment as a matter of law on the second cause of action sounding in strict liability by presenting evidence that the dog previously had been shown approximately 30 times and was a "sweet" and "easily shown" dog who had never bitten or jumped on anyone or exhibited any aggressiveness. As such, the defendants did not have notice of any vicious propensities ... In response, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact as to whether the dog had vicious propensities ....
The plaintiff cannot recover on the first cause of action sounding in common-law negligence ....
We are willing to bet that Ms. Claps did not applaud this outcome.
For a copy of the Appellate Division's decision in Claps v. Animal Haven, Inc., please click on the following link: http://www.nycourts.gov/reporter/3dseries/2006/2006_08909.htm