The Demurrer (ROA # 16) of Defendant CYNTHIA ANN CHAMBERLIN ("Defendant") to the First Cause of Action of the Complaint of Plaintiff LINDA BANGSBERG ("Plaintiff"), is OVERRULED. California has long followed the common law rule of strict liability for harm done by a domestic animal with known vicious or dangerous propensities abnormal to its class. Drake v. Dean (1993) 15 Cal. App. 4th 915, 921. A possessor of a domestic animal that she knows or has reason to know has dangerous propensities abnormal to its class, is subject to liability for harm done by the animal to another, although she has exercised the utmost care to prevent it from doing the harm. Id. It is because dangerous propensities are abnormal to dogs as a class that the rule of strict liability comes into play. Id. at 922. One who keeps a dog that to her knowledge is vicious, or which though not vicious possesses dangerous propensities that are abnormal thereby introduces a danger not usual to the community and which, furth
Hearing Date
May 23, 2018
Category
Civil - Unlimited
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The Demurrer (ROA # 16) of Defendant CYNTHIA ANN CHAMBERLIN ("Defendant") to the First Cause of Action of the Complaint of Plaintiff LINDA BANGSBERG ("Plaintiff"), is OVERRULED. California has long followed the common law rule of strict liability for harm done by a domestic animal with known vicious or dangerous propensities abnormal to its class. Drake v. Dean (1993) 15 Cal. App. 4th 915, 921. A possessor of a domestic animal that she knows or has reason to know has dangerous propensities abnormal to its class, is subject to liability for harm done by the animal to another, although she has exercised the utmost care to prevent it from doing the harm. Id. It is because dangerous propensities are abnormal to dogs as a class that the rule of strict liability comes into play. Id. at 922. One who keeps a dog that to her knowledge is vicious, or which though not vicious possesses dangerous propensities that are abnormal thereby introduces a danger not usual to the community and which, furth