Call Now For a Free Consultation 208-552-0467

Is the Owner of a Store Liable for Injuries Caused by a Customer’s DogA customer’s dog injured another customer in a store, is the owner of a store liable for the injuries caused by a customer’s dog?  A store allowed customer’s to bring their dogs into the store.  On one occasion, a customer’s dog jumped on another customer, causing injuries.

The Idaho Supreme Court addressed whether the store had a duty to protect one customer from another customer’s dog.  The court noted that every person, in the conduct of his business, has a duty to exercise ordinary care to prevent unreasonable, foreseeable risks of harm to others.

The court then addressed the general question as to whether allowing any dog on store property creates an unreasonable risk of harm.  The court noted that under common law, all dogs, regardless of breed or size, are presumed to be harmless domestic animals.

The final question the court addressed was whether allowing the particular dog that jumped on another customer created an unreasonable risk of harm to members of the public.  In the absence of statute to the contrary, an owner is liable for injuries caused by a domesticated animal where the owner knew or should have known of the animal’s vicious or dangerous propensity.  A store owner would also have a duty to protect its patrons from a dog that the store owner knew or should have known was vicious or had a dangerous propensity.  The court found that the manager of the store was familiar with the dog, that the dog had visited the store on prior occasions, and that there was nothing in the dog’s prior behavior that gave her any reason for concern about the particular dog creating problems in the store.  Therefore, the store owner did not have a duty to protect the customer from that particular dog.

 

 

Idaho Falls Law Office

Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelly and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 477 Shoup Ave, Suite 101 Idaho Falls, ID 83402 Phone:(208) 552-0467

Gordon Law Idaho Falls

Brent Gordon Law

Pocatello Law Office

Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation. 154 North Main St. Pocatello, ID 83204 Phone:(208) 232-7274

Gordon Law Pocatello

Brent Gordon Law