Case: Animal Attack -Dog Bite
Counsel: David Owens and Megan Foster
Result: Summary Judgment Granted Against Plaintiff in Favor of Animal Adoption Agency
The plaintiff brought a suit claiming negligent misrepresentation against our clients alleging that his mother adopted a dog from our clients, which subsequently bit the plaintiff multiple times causing injuries. The plaintiff claims that when his mother adopted the dog, employees stated that the dog was a “gentle giant.” The plaintiff’s mother then signed an adoption agreement acknowledging that our clients made no representations or warranties as to the health, temperament, habits, or background of the animal that she was adopting. At the time of the accident our client was not in possession of the dog, nor did they own the dog. MSD moved for summary dismissal on the grounds that there is no common law claim for negligence to recover damages from a dog bite. The Court granted summary judgment, dismissing the plaintiff’s claims, finding that the plaintiff failed to establish any elements required to establish a claim for negligent misrepresentation and that even if they had established those elements, the plaintiff’s mother had signed an agreement that she had not relied on any oral representations concerning the dog’s temperament when adopting the dog.