Question Presented

Question Presented

Example C contains material facts:

According to the North Florida Dog-bite Liability rule, can a person recover for a dog bite, after being warned to stay away from the dog and then trespasses into the dog owner’sproperty?

Example D does not contain material facts:

Can our client recover for her injuries under the common law of Harbor View, North Florida?

Short Answer

Example E:

Probably not. The client trespassed by jumping into the dog owner’s property provoking the dog to attack.

Statement of Facts

Ex. F is a good summary with a helpful introductory sentence

Our client, Marsha Mellow, would like to recover for injuries sustained when her neighbor’s dog bit her. Mellow accidentally threw a football into a neighbor’s backyard. Mellow knew the neighbor had a large Doberman Pinscher and had been warned to stay away from the dog because “He doesn’t like strangers.” Mellow stated that the dog was normally tied up in the front yard. On the day of the incident, Mellow realized she had accidentally thrown her football into the neighbor with the Doberman Pinscher’s backyard. She peeked over the backyard fence, but did not see the dog near the football. Mellow jumped the backyard fence, grabbed the football, and proceeded to run back to the fence when the dog ran out from being bushes. The dog ran over to Mellow and bit her hand; she kicked the dog and it then bit her buttocks, leg, and ankle before Mellow could finally get back over the fence.

Ex. G characterizes the facts in favor of the author’s position

Aware of the defendant’s dog, the plaintiff accidentally threw a football into the defendant’s yard. The defendant is aware that the neighborhood children sometimes use his gate as a shortcut. Normally, the defendant’s dog is tied up in the front yard. After checking to see if the dog was around, the plaintiff jumped the fence to retrieve the football. While running back towards the fence, the dog runs from behind the bushes and catches the plaintiff. The dog then bites down on the plaintiff’s hand hard, causing the plaintiff to kick the dog in self- defense. The dog then continues to attack the plaintiff with bites to the rear end, leg, and ankle all before the plaintiff could finally make it over the fence safely.


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