Veterinarian Not Negligent in Waiting Room Dog Attack
by
Joseph C. Maya on May. 03, 2017
Accident & Injury Accident & Injury Animal Bite Accident & Injury Personal Injury
Summary: Blog about a veterinarian who was not found liable for a dog that bit a client in the waiting room of the practice.
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A veterinarian is not liable in negligence for failing to design a waiting room in a manner that minimizes the chances that a customer's dog may attack other customers, in the absence of specific knowledge that a particular customer's dog was dangerous.
On April 29, 2011, the plaintiff, Edward Francis, entered the waiting room of the defendant, Veterinary Associates of North Branford, LLC, with his son's dog, Lola. While Francis and Lola were in the waiting room, a second dog, Rocco, also waiting for an appointment, attacked and injured Francis and Lola. The plaintiff brought several claims against the defendant, one of which included negligence in permitting a dangerous dog to be on the premises. The defendants moved for summary judgment. The Veterinary Associates argue that the plaintiff failed to adequately show how they failed and neglected to provide or maintain a safe environment for people on the premises, failed to have booth or dividers in waiting area for the owners and pets to wait, and failed to keep the dog under proper restrain or leash.
By law, liability in negligence for damage caused by dogs to person and property is installed only if the owner has knowledge of the dog's ferocity or mischievous propensity. The court concluded that there were no circumstances with which the Veterinary would be aware of Rocco's propensity to cause injury. The common law agrees that a great majority of dogs are harmless. In general, there is no common law obligation to take special precautions with respect to dogs not known to be dangerous.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Jon C.J. Blue, Veterinarian Is Not Liable in Negligence for Failing to Design a Waiting Room in a Manner that Protects Customers From Attacks by Other Customer's Dogs citing Edward Francis et al. v. Veterinary Associates of North Branford, LLC, 61 CONN. L. RPTR. No. 20, 763 (May 2, 2016)