Practice point: To recover in strict liability for a dog bite, a plaintiff must establish that the dog had vicious propensities and that the owner knew or should have known of them. Admissible evidence would include a prior attack; the dog's tendency to growl, snap, or bare its teeth; the way the dog was restrained; and the fact that the dog was kept as a guard dog.
Case: Grubb v. Healy, NY Slip Op 05044 (2d Dept. 2008)
The opinion is here.
