Posted in on August 21, 2019
Teri Scotto-Lavino was successful in obtaining dismissal of an action asserted against a homeowner. The allegations concerned an altercation between dogs, one owned by the co-owner of the home. Plaintiff alleged that any homeowner is responsible for the behavior of a dog, especially one known to have an aggressive nature, even though he is not the owner of the dog or sole owner of the home.
Teri argued that, as the owner of the dog is also part owner of the home, and is not the client, the client is not responsible. Further, it was argued that the client had no ability to control or maintain the animal. Further, it was argued that the incident did not occur on the property, so, in the event that the client was responsible to control or maintain the dog, he would not be responsible to keep the plaintiff safe on another non-owned property.
The Court agreed and all claims asserted against the client were dismissed.