Earlier last month, a state appellate court issued an opinion that gave the victim of a potential dog attack another chance to bring their case to trial after it was dismissed by a lower court. In the case, Grammer v. Lucking, the plaintiff alleged an injury caused, not by the dog actually biting her, but by her reaction to what she believed to be a dangerous dog quickly approaching her.
The Facts of the Case
The plaintiff was a woman who was out on a walk with her husband in their neighborhood. As they approached the defendant’s home, they noticed that the defendant had two dogs out in front of his property, one chained and one unchained. As the plaintiff got near, the dogs ran towards her. The woman’s husband stepped out in front of her, hoping to get the dogs to stop. The dog that was chained reached the end of its chain and was unable to approach the couple. However, the unchained dog continued to approach.
As the dog passed the woman’s husband, she became nervous and stepped back. As she did, she tripped and fell, injuring her elbow. She filed a lawsuit in strict liability against the dogs’ owner.