Article Title: Dogs In Restaurants Are A Bad Dog Law
Author: T. Peterson
A Possible New Dog Law
There has been talk recently about a new dog law in Oregon that
would allow dogs in restaurants. If one state passes such a
law, then other states are sure to follow. As an injury lawyer
who has handled many dog bite injury cases, I believe that such
a law is a very bad idea.
With more and more people going out in public in recent years
with pets such as dogs and treating them as if they were equal
members of the family – almost as if they were human – there is
a heightened risk to the public at large of being bitten or
attacked. Coffee shops, restaurants, or any other business that
is open to the public, rather than requiring owners to tie their
pets up outside, would become potential places of risk for dog
bite injuries.
New Dog Law – A Further Catering to Dog Owners
Some coffee shops and restaurants already cater to dog owners
for business. For instance, they may have dog water bowls or
special areas where owners may chain or tie their dogs while
their owners are inside conducting business. Even in this
situation, third parties such as other customers could be
injured by dogs present on the business property.
In such situations, dog owners are always independently liable
for their negligent actions. For example, if the owner were to
tie up his dog next to a revolving door where a large number of
people are going in and out, this would be negligent. Prudent
business owners will assess risk and weigh the cost benefit
analysis of risk or harm versus the benefit of having a pro-dog
environment or a safe environment that takes into consideration
the needs of the non-dog-owning public.
Dog Laws Affect Businesses and Consumers
Dogs bite people for a variety of reasons and the dog biting
psychology is very complex and is a field of its own. An injury
can range from a laceration to multiple lacerations, punctures,
removal of flesh, or even a no-bite injury such as that which
occurs when a patron trips and falls on the extended dog leash
tying up the dog.
Businesses of every kind have a common law and statutory legal
obligation to prevent injury to others and provide a safe
business environment free from foreseeable harm, including dog
bites. While dog owners are always independently liable for
their dog's bad behavior, the owner of the business premises may
become a second source of liability. In certain cases,
businesses may become the primary source of a financial recovery
since they are a deeper pocket. Hence, they may become the
central focus or target of a tort claim for money damages in a
dog bite injury claim. Such damages may include medical bills,
lost wages, and a pain and suffering award. Because dog bites
often result in facial or other bodily injury including
scarring, many pain and suffering awards have been significant
depending upon the jurisdiction.
Who do Dog Laws Hold Responsible for Injury?
While the dog owner may be primarily liable many dog owners may
avoid ultimate legal responsibility for their bad dog ownership
because they may not have homeowners or renters insurance which
would provide coverage for such claims. In such situations, a
dog owners low net worth may compel a legal claim against the
deeper pocket business entity. Most commercial business policies
will cover a limited amount of no fault medical coverage for
people injured upon their property irrespective of fault (such
amounts may range from $5,000 to $15,000 or more). Beyond no
fault medical provisions, most commercial policies carry fixed
coverage amounts, some up to a million dollars or more.
Depending upon the type of business entity involved, there may
be personal liability of the business owner if the commercial
policy is exhausted by a large money award.
The business owner faces a unique legal liability to third
parties, including those injured by dogs upon their property.
This is because a business owner invites the public to transact
business; in return, the law imposes a heightened duty to care
for third parties in order to prevent negligent occurrences such
as dog bites. According to this scenario, the customer is
called a business invitee and the law imposes a legal duty upon
the business owner to prevent harm, usually by making the owners
affirmatively remove the harm or at a minimum advising the
person of the risk of harm at hand through a warning or notice
that dogs are present and may bite.
A business owner's legal liability becomes heightened even more
if there are prior bad dog bite injuries which have occurred in
the past. A business owner in such a situation may face strict
liability in certain jurisdictions if there is a history or
minimal pattern to a dog bite attack or bite of any kind.
Certainly the risk to a business owner for legal liability is
much greater, as is the public's when they frequent businesses
which cater to dogs and the safety of their other customers is
forgotten and ignored.
About The Author: Visit
http://www.injuryla
to find out more about Oregon dog law
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