Practice point: There is strict liability for harm caused by a dog whose owner knew or should have known of the animal's vicious propensities.
Students should note that the owner will establish prima facie a lack of knowledge by demonstrating the dog had never before been aggressive, growled, bared its teeth or bitten anyone.
Case: Levine v. Kadison, NY Slip Op 00819 (2d Dept. 2010)
The opinion is here.
Monday's issue: Motion practice.
