HYPO WOODLEY
If there were a notice that Smith’s house is private property and that there is a dog, Elizabeth and Helen would not have gone to that side of the zoo to look for evidence. Smith’s house looks similar to the houses at the zoo, and the proximity between the zoo and the Smiths house is minimal. Moreover, Hellen and Elizabeth were in the Zoo in Randolph, Massachusetts, lawfully.
Did Helen’s unintentional act of kicking the German shepherd with a small snowball constitute to the provocation within the meaning of the dog bite statute?
If a dog or any other animal, without provocation, attacks or injures any person who is peaceably conduction himself in any place where he must lawfully be, the owner of such dog or animal is liable in damages to such person for the full amount of the injury sustained.
The intent of the statute is not to impose a king of strict liability on all dog owners for the unintentional provocations of injuries parties. The “peaceful manner” determinations are made independent of a person’s intent as is “lawfully on the premises” inquiry.
An owner of the property who provides a walkway from the public way to his door without warning to keep away from his property provides a license to those who use the path during ordinary daylight hours (Merrill,1985, 14).
The plaintiff is suing the defendant for not declaring his property and keeping it as distinct as possible. There was no sign that the house belonged to the defendant since the proximity and architecture do not have variations to that of the zoo (Merrill, 1985, 17). The plaintiff thought that the defendant’s house was part of the zoo, and since she wanted evidence, she proceeded to that house, which resembled the first house they had been into while in the zoo.
The plaintiff was legally on the defendant’s property when bitten by the dog. As a zoo ground keeper, the place is most likely supposed to be visited by the public, especially those visiting the zoo. Thus keeping a dog, which is unchained, is a threat.
Lawfully on the premises
Was the plaintiff lawfully on the premises when she walked up the zoo’s adjacent environment heading to building that resembled part of the zoo.
The defendant’s property has links to the zoo; thus, there is a way connecting the zoo keeper’s property and the zoo. There was no warning about the dog nor may the presence of private property, thus providing a license to anyone who visits the zoo, also pass through this property (Merrill, 1985, 14).
The plaintiff was on the defendant’s land for a lawful purpose; to visit the zoo. Further asserting the plaintiff lawful manner, they were visiting the zoo during ordinary hours when the zoo was operating.
The dog was hidden behind a snow-covered hedge located five yards to the left of the door. Accordingly, the plaintiff was on the defendant’s property legally when bitten by the dog.
Intentional provocation
Did Helen provoke the dog within the meaning of the dog bite statute when he kicked the dog three times even though each time the dog?
The act of kicking the dog was not intentional since Elizabeth missed the ice thrown by Helen and mistakably hit the dog.
The dog was not hit by the stone intentionally, thus not enough to trigger its anger besides, as stated, Elizabeth and the dog were playing.
Smith failed to chain his dog, which appears to be short-tempered, thus biting Elizabeth without any intentional triggering.
Unintentional
Does Helen’s unintentional act of throwing the snowball to the dog while playing constitute to the provocation within the meaning of the dog bite statute?
Provocation within the meaning of the dog bite statute means either intentional or unintentional provocation
As depicted, Helen’s actions appear to be unintentional since she was aiming at her daughter when the ice ball missed and kicked the dog.
The dog’s action of biting Elizabeth was not supposed to happen since Elizabeth did not throw the snowball and even the thrower who is Hellen did not intend to throw at the dog.
Peaceable conduct
The plaintiff had legal rights to be at the zoo and since the zoo keeper’s property did not have any distinctive feature, she proceeded as if she was in the zoo. The plaintiff’s action of throwing the iceball was peaceable as that was a play, and she was contributing to the play and not intentional (Merrill, 1985, 16). Moreover, she had aimed it to her daughter, and no mother would ever want to harm her daughter. So if mistakenly missed the daughter and kicked the dog, the impact does not change.
In conclusion, the plaintiff is lawfully protected while in the zoo and its environment. The zoo keeper’s act of letting the dog in the compound is a threat to the public accessing the zoo. The zookeeper’s place is not very different from the other part of the zoo, thus attracts confusion in which the plaintiff is a victim and thus not legible for a dog bite.
Reference
Merrill, T.W., 1985. Trespass, nuisance, and the costs of determining property rights. The Journal of Legal Studies, 14(1), pp.13-48.
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