Posted on 04/06/2021 4:13:06 PM PDT by CheshireTheCat
.... Now Major has bitten another person who reportedly required medical attention. In the prior column, I noted that under tort law a dog is afforded (at most) “one free bite” before strict liability applies. Major could now be treated as a known vicious animal for liability purposes....
The subsection says that the dog was “off the premises of the owner . . . nor otherwise under the immediate control of a person capable of physically restraining it.” The key issue is the meaning of “nor.” It does not say “or” to clearly mean that you can be liable for either a bite off premises or a bite on the premises when the dog is not under control. That interpretation does not make a lot of sense under this construction. Why specify a bite occurring off the premises if the owner can be liable regardless of the location on the premises? The more natural reading is that the rule does not apply to bites on the premises of an owner. It imposes a strict liability without the need for knowledge (either one prior bite or evidence of a vicious propensity) when the dog is both at large and not leashed or controlled.
The question then becomes if there is any liability for bites on the premises of an owner. Presumably an owner can still be negligent in failing to take reasonable measures to protect licensees or invitees on the property...
Alternatively, this could be a matter for the Federal Tort Claims Act as a personal injury occurring on federal property. Fortunately, Major is not considered a government official entitled to immunity for discretionary functions, including occasional “nipping” noted by the press secretary.
(Excerpt) Read more at jonathanturley.org ...
But not the leader of the free world. No, he gets special treatment.
I'm renaming him MAGA.
Good boy, MAGA. Good boy.
joes dog is a bad dog which reflects a bad owner.
Date of article is March 30—old news.
Let us know when the dogs bite again...maybe they can bite as many folks as women molested by Governor Cujo.
Right now the gov leads 9-2, but it is just the first inning...
As I posted earlier today on another thread about this...
Time for Major to be retired. Put out to pasture as they say.
He would prolly love living on a farm out in the country. But BuckFiden and his family need to know, for the dog’s mental health, if they choose this route, visiting the dog would be an absolute no-no.
Isn’t this old news? Or is FR Search on the fritz again?
Go Major! Bite all those lousy democrats!
Article I of the impeachment
Major MAGA! Very clever.
One of those dog bite ambulance chaser law firms should consider putting together a class action lawsuit for all the people who that dawg violated.
Just make him wear a mask!
ML/NJ
Dogs, with history of multiple bites, are usually put asleep.
I think Major qualifies for that treatment now.
Bad owner, probably. But also, the dog was adopted, and perhaps mis-conditioned by its initial owner.
Hello!!
Has Mr Turkey familiarized himself with Joe Biden?
Yeah, you can pick up on that at the pound..
Between Hunter, Joe & Major, I’m detecting a pattern of Biden family misconduct.
Zack, a pitbull chewed the zipper out of my leather motorcycle jacket.
I hated that dog but said “you can keep it”
So we know who is biting...but, who is crapping on the carpets?
Joe or one of his dogs?
Time to fire that dog whisperer. Put him in charge of the FBI or something.
Nothing will happen unless it bites Kommie-la’s azz. (That would be fun.)
Yes, they were “adopted” so they probably already had a track record.
Gorgeous dogs, but Major seems to have a problem. They should see if serious German Shepherd Schutzhund type people would like him. Those would be the only type people that I’d trust to handle this.
I’m not going to blame Biden for these, except he probably never really did anything with them.
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