Practice point: To recover in strict liability, a plaintiff must prove that the dog had vicious propensities and that the owner knew or should have known of them.
Practitioners should note that a "Beware of Dog" sign does not raise an issue of fact absent evidence that, prior to the incident, the dog exhibited any vicious tendencies.
Case: Palumbo v. Nikirk, NY Slip Op 01454 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Spoilation.
