Dog Bite Case Dismissed Under Veterinarian’s Rule

Case Background
In the Superior Court of California, County of Santa Clara, Mellisa Morrison sued Mitch Christow and Does 1–20. The case involved an alleged dog attack in San Jose. Morrison claimed Christow owned or controlled a dog with dangerous tendencies. She asserted that Christow knew or should have known about the animal’s behavior. The complaint alleged negligence, strict animal liability, and statutory liability under California Civil Code Section 3342.
Cause
On September 23, 2018, Morrison was lawfully present in San Jose when Christow’s dog attacked her. She alleged the dog had an unusually dangerous propensity. Christow, according to the complaint, failed to restrain or warn about the dog. The attack occurred without provocation. Morrison argued that Christow’s failure to act caused the incident. She claimed the defendant’s negligence directly led to her injuries and that his inaction disregarded her safety.
Injury
The attack caused Morrison serious physical injuries. She sustained significant wounds consistent with a dog bite. The injuries required immediate medical treatment
Continue Reading This Article
Subscribe to access this article and our entire library of legal content.