In case you are still reading this article without knowing what theory of liability Mr. Melnick would choose to use for his dog, the following paragraph will explain under what theory of liability Mr. Melnick might try to claim damages for his dog during his lawsuit against his neighbor for injunctive relief.
The theory of liability used in court is called a theory of law. In Mr. Melnick’s case, he would probably not choose a civil law like tort because it does not apply to animals. Instead, he would probably use something like contract law or torts (wrongful act) because those laws apply to animals everywhere, even in our city.
If Mr. Melnick were to use contract law or torts, then the most likely theory would be negligence because his dog was involved in the other person’s property damage.
Express warranty
A theory of liability that would allow Mr. Melnick to claim damages for his dog is called express warranty. This theory holds that while a product may be guaranteed against defects, it does not mean it is safe for all users.
With a product such as a dog food, there is a guarantee against the food being contaminated with harmful bacteria and/or foreign objects. However, the guarantee does not say the food is safe for all species of animals, nor does it say it will not contain harmful ingredients such as pharmaceuticals or additives.
This could be problematic if an animal had a rare condition or condition that was difficult to malnutritionly and/or toilet training are two major challenges when eating your food.
Under this theory of liability, Mr. Melnick would be able to claim damages for his dog because the food contained harmful elements such as pharmaceuticals or additives such as gluten, which were hidden in unknown amounts.
Implied warranty
Another theory of liability is implied warranty. This is the theory that if a product is used in an improper way, then the user may be liable for damages.
Under this theory, if Mr. Melnick used his dog’s cruelly, the dog might be held responsible for any damages. This is the standard under most warranties, including pet insurance.
This kind of warranty does not make Mr. Melnick liable for all damage done to his dog by not following the warranty in one way or another. For example, if Mr. Melnick doesn’t take care of his dog, then he probably won’t be sued because of lack of liability insurance!
However, many things have a default state that they are not liable in case of accident or improper use. Under this theory, Mr. Melnick might be able to claim implied liability for his dog since it was used in an improper way.
Strict liability
In a strict liability approach to liability, if something caused your dog to get sick, you would not be obligated to take them into your home to save them. They are considered so worthless that you do not have to keep them safe.
In this theory of liability, Mr. Melnick would be held accountable for any damages his dog may suffer because of the dog’s sickness in the home. Since he did not ensure their safety when awarding them a license, he would not be responsible for any damages they may incur while living in his home.
Under this theory of liability, Mr. Melnick would only have to pay for medical costs for his dog and nothing more. He could also choose whether or not to have them euthanized if they did not improve with medical care.
This is a tough theory of liability to claim damage against as someone who was injured by their pet because of the lack of responsibility in this approach.
Negligence
Negligence is the most common theory of liability for dog bites. This theory states that someone who is negligent about their dog’s care and exercise will be held accountable for any damages they cause.
Under this theory, someone who knew or should have known about the dangerousness of their dog’s behavior and did not, would be held liable for damages.
This theory does not apply to cases where the dog was entering or approaching people or animals, because then it was considered assault and assault dogs are never exempt from laws against assault animals are never exempt from laws against dogs killing livestock or crops .
This theory has some major flaws, the most important of which is UNDERCUTTING. This theory makes it significantly more difficult to try to claim damages under this theory.
The main flaw with this theoretical framework is that it makes it more difficult to try to claim damages under negligence theories.
Companion animal ownership agreement
A popular theory of liability for dog owners is in the area of companion animal ownership agreement. This theory suggests that if your dog gets hurt or killed as the result of a companion animal, then you are considered an accessory to that harm or death and liable for it.
This theory is not widely accepted outside of pet forums, but there are several theories of liability that do have some recognition outside the pet world. One such theory is the negligent entrustment doctrine, which holds that someone who trusts an individual enough to let them live with them is responsible for any damages they suffer due to their personal negligence.
Theoretically, if Mr. Melnick let his dog live at his house without having a reason for doing so (for example, wanting to keep the dog away from other dogs), then Mr. Melnick was responsible for causing his dog to become injured or killed as the result of living with him.
This theory does not hold water in most jurisdictions, however, due to either proofing requirements or public policy against allowing private possession and management of animals.
Animal liability insurance
If Mr. Melnick could not claim damages for his dog, he could consider animal liability insurance. Most large insurance companies offer a discounted rate on animal liability insurance, so it is not a large out-of-pocket expense.
Many small businesses do not have the financial resources to purchase animal liability insurance and have to look at other options. However, even without the coverage, Mr. Melnick would be liable for any medical bills or losses due to his dog’s injuries.
Medical professionals often recommend animal Liability Insurance as a way to reduce your risk of lawsuits. If you have a small animals in your care, you can buy special animal Liability Insurance that covers only you and your property.
Dog bite statutes
There are several statutes that address dog bite cases. One of these is the California dog bite statute. This statute covers any case in which a dog attacks a human and either:
Disqualified the dog from service or protection with the person or property; or Predisputation was made, at least in some court, that the attack was accidental, done while playing, and not recognized as a threat.
The presumed accident status of the dog is what makes this theory of liability for dogs fit for Mr. Melnick. Under this theory, if Mr. Melnick could prove that his dog was never given a chance to play, then Mr. Melnick would be able to claim damages for his pet’s injuries under this theory of liability.
To try this out, Mr. Melnick would have to take his dog to an veterinarian to get checked out. If it was determined that he had been playing with another animal and had been bitten by it, then he might be able to claim damages under this theory of liability for dogs.
Dog owner’s insurance policy
For most people, pet insurance is a way to protect your dog in the case of an accident or injury. You pay a certain amount per month, and in case of an accident, you receive medical care for your dog.
There are two theories of liability for pets: the legal theory of cats and dogs versus the moral theory of cats and dogs. The legal theory states that a person’s pet is considered property and can be charged with (and paid for) liability if they injure someone else’s property.
The moral theory states that animals are people, and that any animal who harms or kills any other animal is liable for their own death or injuries. This theory states that if someone’s pet attacks another animal, the owner or individual responsible for their safety should cover the other animal’s reimbursement for medical costs and pain and suffering.
