Case 8-8 Palumbo v. Nikirk

Summary

1. The plaintiff is a mailman and was bitten by the defendants dog 2. The mailman crossed the lawn from the side, walking away from the neighbors house towards the defendants 3. He did not see the dog, concealed by a bush, until he was attacked 4. The defendants provide evidence that the dog had never bitten, jumped, or growled at anyone prior to this event 5. They also had a sign stating "Beware of Dog" on the premises 6. Ruled that it was not a triable issue due to no evidence of prior viciousness

Reasons

Absence of evidence that dog was vicious

Question?

Does the dog owner have strict liability?

Issue

Dog attacked mailman

Decision

No

Court

Supreme Court, appellate division