Animal Rights
&
Dog Bites
Legal Research Guide
Advanced Legal Research
University of Denver Sturm College of Law
Table of Contents






Introduction
Secondary Sources
Primary Authority
Practice Materials
Online Resources
Conclusion
3-6
7 - 21
22 – 33
34 - 51
52 - 57
58
Introduction

The following
Legal Research
Guide provides a
roadmap for the
law student or
practitioner faced
with a problem
relating to an
injury caused by a
dog, specifically, a
dog bite.
Introduction

Secondary Sources






Encyclopedias
Treatises
American Law
Reports
Legal Periodicals
Restatements
Primary Authority




Cases
Statutes
Administrative
Materials
Practice Materials





Looseleaf Services
Federal Practice
Materials
Federal Forms
State Practice
Materials
Online Materials


Commercial –
LexisNexis
Internet Legal
Research
Introduction

Animal –


Any living creature other
than a human being.
Domestic Animal –


An animal that is
customarily devoted to the
service of humankind at
the time and in the place
where it is helped.
Any animal that is
statutorily so designated.

Source: Black’s Law
Dictionary, 8th Edition
(2004)
Key Search Terms

Dog




Injury


Dog Owner
Dog Bite
Dangerous Dog
Personal Injury
Liability



Caused by Dog
Running at Large
Strict Liability
Secondary Sources
Encyclopedias
American Jurisprudence




4 Am. Jur. 2d Animals § 42, What
Constitutes “Running at Large”
4 Am. Jur. 2d Animals § 79, Liability
Imposed By Statute — Persons Liable;
Joint or Several Liability
4 Am. Jur. 2d Animals § 88, Acts or
Conduct Constituting Intentional
Provocation
4 Am. Jur. 2d Animals § 112, Defense of
Person or Property — Defense of Other
Animals
American Jurisprudence

Through American
Jurisprudence, I
learned the definition
and classification of a
domestic animal.
Additionally, I learned
what constitutes an
animal at large as well
as liability and actions
for injuries to animals
or their death.
Corpus Juris Secundum




3B C.J.S. Animals § 333, Injuries by Animals to
Persons or Animals B. By Domestic Animals 2.
Injuries by Dogs, Statutory Liability
3B C.J.S. Animals § 342, Injuries by Animals to
Persons or Animals B. By Domestic Animals 2.
Injuries by Dogs, Contributory Negligence;
Assumption of Risk
3B C.J.S. Animals § 351, Injuries by Animals to
Persons or Animals B. By Domestic Animals 4.
Actions in General, Generally
3B C.J.S. Animals § 377, Injuries by Animals to
Persons or Animals; B. By Domestic Animals; 4.
Actions in General, Damages — Dog-Bite Injuries
Corpus Juris Secundum

After looking through another
encyclopedia, Corpus Juris
Secundum, we know that many
jurisdictions hold dog owners
strictly liable by statute for
injuries caused by their dogs.
Often strict liability under a
"dog bite" statute is imposed
without regard to owner's
knowledge of dog's
viciousness. In addition, the
statute may dispense with the
common-law requirement of
scienter, or with proof of
negligence. Sometimes the
removal of the common-law
restriction of proving scienter
or knowledge of dangerous
propensities of dogs, applies
only to the actions of dogs
specified in the statute.
Secondary Sources
Treatises
Treatises




Matthews Municipal Ordinances § 41.1, Section
19. Dog Bites (Nov. 2007) “General Regulations
and Licensing”
Pattern Discovery: Premises Liability § 6.57 (3d
ed.) “Animal Attack – Plaintiff to Defendant”
Douglas Danner and Larry L. Varn
Pattern Discovery: Premises Liability § 7.56 (3d
ed.) “Animal Attack – Defendant to Plaintiff”
Douglas Danner and Larry L. Varn
Pattern Discovery: Premises Liability § 15.24 (3d
ed.) “Strict Liability” Douglas Danner and Larry L.
Varn
Secondary Sources
American Law Reports
Annotations
Federal A.L.R. Annotations


102 A.L.R. Fed. 616 William G. Phelps, J.D. Liability, Under 42
U.S.C.A. § 1983, For Injury Inflicted By Dogs Under Control
or Direction of Police.
171 A.L.R. Fed. 483 Brian L. Porto, J.D. Admissibility of
Evidence of Other Crimes, Wrongs, or Acts Under Rule 404(b)
of the Federal Rules of Evidence, in Civil Cases


91 A.L.R. Fed. 16 Kathleen M. Dorr, J.D. Federal Tort Claims
Act: Liability of United States For Injury or Death Resulting
From Condition of Premises


§ 4[a] Civil rights Actions - Held Admissible
§ 18(a) Injuries or Disease From Animals — Liability Established
or Supportable; Negligence of Government
84 A.L.R. Fed. 28 Sheila A. Skojec, J.D. Error In Evidentiary
Ruling In Federal Civil Case as Harmless or Prejudicial Under
Rule 103(a), Federal Rules of Evidence

§ 10(a) Cumulativeness of Evidence — Harmless Error
State A.L.R. Annotations






64 A.L.R. 3d 1039 Thomas R. Trenkner, J.D. Liability of
Owner of Dog Known By Him to be Vicious for Injuries
to Trespasser.
30 A.L.R. 4th 986 Liability of Dog Owner For Injuries
Sustained by Person Frightened by Dog.
51 A.L.R. 4th 446 Ward Miller, J.D. Modern Statutes of
Rule of Absolute or Strict Liability for Dog-Bite.
64 A.L.R.4th 963 John P. Ludington, LL.B. Who
“Harbors” or “Keeps” Dog Under Animal Liability
Statute.
11 A.L.R. 5th 127 Jay M. Zitter, J.D. Intentional
Provocation, Contributory or Comparative Negligence,
or Assumption of Risk as Defense For Injury By Dog.
68 A.L.R. 5th 599 Jay M. Zitter, J.D. Liability For Injury
Inflicted By Horse, Dog, or Other Domestic Animal
Exhibited at Show.
Secondary Sources
Legal Periodicals
LegalTrac




“There Are No Bad Dogs, Only Bad Owners:
Replacing the Strict Liability Standard in Dog Bite
Cases” Lynn A. Epstein, Animal Law, Spring 2006
p. 129
“Woman May Seek Punitive Damages For Dog
Bite, Manhattan Court Finds” Mark Fass, New York
Law Journal, May 2006
“Establish Liability for Dog Attacks” Kenneth
Phillips, Trial, Sept. 2005 v. 41.9 p. 74(1)
“Torts – Dog Bites” Steven P. Bann, New Jersey
Law Journal, May 2002 v. 168.6 p. 53(1)
LexisNexis




“Tort Law in Action and Dog Bite Liability: How the
American Legal System Blocks Plaintiffs from
Compensation” Hilary M. Schwartzberg, Connecticut
Law Review, Feb. 2008, 40 Conn. L. Rev. 845
“On Redefining the Boundaries of Animal Ownership:
Burdens and Benefits of Evidencing Animals’
Personalities” Geordie Duckler, Animal Law, 2004, 10
Animal L. 63
“Torts: Smith v. Ruidoso: Tightening the Leash on New
Mexico’s Dogs” Anna Sibylle Ehresmann, New Mexico
Law Review, Spring 2002, 32 N.M.L. Rev. 335
“Is There (And Should There Be) Any “Bite” Left In
Georgia’s “First Bite” Rule?” Cindy Andrist, Georgia Law
Review, Spring 2000, 34 Ga. L. Rev. 1343
Secondary Sources
Restatements
Restatements

Restatement of the Law, Third, Torts: Liability for Physical
Harm, § 23

(d) Statutory Strict Liability In the Absence of Scienter.

In about half of all jurisdictions, statutes exist that impose strict
liability in dog cases even in the absence of scienter. Almost all of these
statutes are limited to dogs; many of the statutes are limited to the
special problem of dog bites, but other statutes apply to a broader
range of injuries and harms brought about by dogs. While it is relevant
to acknowledge these statutory strict-liability arrangements, it remains
appropriate for the Restatement to adhere to a scienter standard for
strict liability, even for dogs. For common-law purposes, a categorical
distinction between dogs and all other animals is not justifiable. Nor is
there justification for categorically distinguishing, as do many of the
statutes, between dog bites and all other categories of dog-caused
harms; yet to impose strict liability, without regard to scienter, to the
full range of physical harms that may be caused or occasioned by the
activities of dogs is also difficult to justify. Courts in states whose dog
statutes are written in broad terms have struggled in ascertaining what
limits to place on the scope of strict liability. Yet the Restatement,
although not accepting these statutes' general position on strict liability
in the absence of scienter, can still draw lessons from particular
positions the statutes take on related issues.
Primary Authority
Cases
Cases

Key Numbers from
West’s Descriptive
Word Index


Animals

Parties

Animals

Actions



Animals Running
at Large, Injuries
by or To, Anim 55
Personal Injuries
Cause by Animals,
Anim 74(1-9)
Civil Liability

Personal Injuries
by Animals, Anim
66 – 74

Provocation


Dogs

Personal Injury
Caused by
Animals, Anim
74(1)
As Defense to
Liability, Anim 71
Injuries



Caused by Dog,
Anim 53, 68
To Other Animals,
Anim 81
To Dog, Damages,
Damag 39, 113,
139
Key Numbers from
West’s Descriptive Word Index

The Key Numbers from West’s Descriptive
Word Index provided me with an
enormous amount of information. The
Key Numbers make it easy to trace the
history of a case, statue, administrative
decision or regulation to determine if
there are recent updates, and to find
other documents that cite the particular
document you are working with.
Primary Authority
Statutes
Federal Statutes

United States as Defendant, 28 U.S.C.A. § 1346


Civil Action for Deprivation of Rights, 42 U.S.C.A. § 1983


Town police chief was not liable under § 1983 for federal negligent supervision claim
brought by pitbull dog owner after police officer shot and killed pitbull that escaped from
residence and ran toward officer and police canine as they were attempting to track a
fleeing suspect.
Creation of Remedy, 28 U.S.C.A. § 2201


Where child was member of class which base regulation governing control of dogs was
designed to protect, dog owner was member of class upon whom duty of protection was
imposed and violation of regulation was proximate cause of child's injuries when she was
bitten by dog because it was direct and immediate cause without which accident would
not have occurred, owner's conduct comprised negligent acts or omissions done within
scope of his employment and government was liable for child's injuries.
It was appropriate for federal district court to exercise jurisdiction over insurer's action
seeking declaration that it was not liable under homeowners policy for injuries inflicted by
insureds' dog, even though matter raised novel issue of state law, and insurer could have
filed declaratory judgment action in state court or intervened in injured party's state court
action against insureds
Exclusiveness of Remedy, 28 U.S.C.A. § 2679

Infant's claim against United States under Tort Claims Act for injuries sustained when she
was bitten by United States park police officer's dog was deemed to have been timely
filed, under Tort Claims Act where she filed her state claim against officer within
applicable New York limitations period.
State Statutes




Injuries to be Reported – Penalty for
Failure to Report – Immunity from
Liability, C.R.S.A. § 12-36-135 (2008)
Civil Actions Against Dog Owners,
C.R.S.A. § 13-21-124 (2008)
Cruelty to Animals – Aggravated Cruelty
to Animals – Neglect of Animals –
Offenses, C.R.S.A. § 18-9-202 (2008)
Unlawful Ownership of Dangerous Dog,
C.R.S.A. § 18-9-204.5 (2008)
State Statutes

After researching
Colorado State
Statutes I discovered
that Colorado's dog
bite statute is located
at Col. Rev. Stats. §
13-21-124. This
particular statue
governs dog bites that
happened on or after
April 21, 2004.
Primary Authority
Administrative Materials
Federal Administrative Materials

Code of Federal Regulations

Animals and Animal Products – Animal
and Plant Health Inspection Service,
Department of Agriculture
Time and Method of Identification, 9
C.F.R. § 2.50
 Housing Facilities, Generally, 9 C.F.R. §
3.1
 Primary Enclosures, 9 C.F.R. § 3.6
 Consignments to Carriers and
Intermediate Handlers, 9 C.F.R. § 3.13

Federal Administrative Materials

Agency Websites


Animal Welfare Information Center
Animal Welfare Regulations - 2005
Code of Federal Regulations
State Administrative Materials

Code of Colorado Regulations

Colorado Department of Agriculture – Animal
Industry Division
 Rules and Regulations Pertaining to the
Administration and Enforcement of the Pet
Animal Care and Facilities Act, 8 Colo.
Code Regs. 1201-11



Application for Licensure and Conditions for
Licensure, 8 Colo. Code Regs. 1201-11(2)
Pet Animal Boarding and/or Training Facilities, 8
Colo. Code Regs. 1201-11(16)
Bureau of Animal Protection Rules, 8 Colo.
Code Regs. 1201-18
State Administrative Materials

Agency Websites

Code of Colorado Regulations

Pet Animal Care Facilities Program
Practice Materials
Looseleaf Services
Looseleaf Services

After doing a thorough search I
could not locate anything under the
topic of Animal Law in the Looseleaf
Services.
Practice Materials
Federal Practice Materials
American Jurisprudence Trials

Enforcement of Restrictive Covenant or
Lease Provision Limiting the Keeping of
Animals or Pets on Residential Property,
93 Am. Jur. Trials 193



§ 11. Express covenants prohibiting or limiting
keeping of animals and erection of structures
§ 19. Lease provision restricting keeping of
animals
Pit Bulldog Attack Litigation. 33 Am. Jur.
Trials 195

§ 4.5. Knowledge of vicious propensities
American Jurisprudence
Proof of Facts


Proof of Landlord’s Liability for
Injury Inflicted by Tenant’s Dog, 85
Am. Jur. Proof of Facts 3d 1
Plaintiff's Negligence, Provocation,
or Assumption of Risk as Defense in
Dogbite Case, 39 Am. Jur. Proof of
Facts 3d 133
American Jurisprudence
Pleadings and Practice Forms



Complaint, Petition, or Declaration – For
Determination Whether Dog Should be
Destroyed – By Party Bitten by Dog, 1C
Am. Jur. Pl. & Pr. Forms Animals § 19
Complaint, Petition, or Declaration –
Liability Imposed Under “Dog Bite”
Statute, 1C Am. Jur. Pl. & Pr. Forms
Animals § 120
Answer – Defense – Dog Bite – Trespass
by Plaintiff, 1C Am. Jur. Pl. & Pr. Forms
Animals § 127
American Jurisprudence
Pleadings and Practice Forms

The American Jurisprudence Pleadings and
Practice Forms were helpful because they assisted
me in learning about the Rules and Law regarding
dog bites. Additionally, the applicable forms could
potential assist someone in representing
themselves in court matters.
Causes of Action


Cause of Action Against Owner or Keeper
of Domestic Animal to Recover for
Personal Injuries Caused by Animal, 14
COA 685
Cause of Action Against Owner, Keeper or
Harborer of Domestic Animal to Recover
for Personal Injuries Caused by Animal,
33 COA 2d 293
Wright’s Federal Practice

Statement of the Claim – Significance of “Claim for Relief,” 5 Fed.
Prac. & Proc. Civ. 3d § 1216


It has been commonly the case in the American jurisdictions that, in
obedience to inherited rule, the pleadings are required to state all the
essential factual elements of cause of action or defense. Exemplification of
this is the code provision that the complaint shall contain “a statement of
the facts constituting the cause of action.” Statement of these elements
sometimes squares with the idea of notice to the opposite party;
sometimes, however, it transcends that idea. The difference between the
two things is readily apparent by reference to the classic common-law case
of the biting dog. Here the elements of the cause of action are (1) the
keeping of the animal by the defendant; (2) its propensity to bite mankind;
(3) knowledge on the part of the defendant of the dog's vicious propensity;
and (4) the injury to the plaintiff. To state a cause of action, therefore,
would require a statement of each of the four elements.
Negligence Actions,10A Fed. Prac. & Proc. Civ. 3d § 2729

Substantial fact issues existed as to whether the dog owners knew or
should have known of any vicious or dangerous propensities on the part of
the dog prior to the day the dog attacked the minor, precluding summary
judgment in favor of the owners in an action to recover for personal injuries
sustained by the minor.
Applicable Forms

American Jurisprudence Pleading
and Practice Forms – Animals

V. Injuries By Animals

C. Domestic and Domesticated Animals

3. Dogs
 b. Forms § 112 - § 131
Practice Materials
State Practice Materials
West’s Colorado Law Finder

Animals



Damages
 Generally, West’s C.R.S.A. § 13-21-101 et
seq.
Personal Injuries
 Generally, C.J.S. Animals § 170 et. seq.
Dogs

Dangerous Dogs
 Ownership, West’s C.R.S.A. § 18-9-204.5
 Personal Injuries, 7A CO Personal Injury
Practice (Grund & Miller) § 36.1 et. seq.
West’s Colorado Law Finder

Through West’s Colorado
Law Finder, I was able to
coordinate my research
between Colorado as
well as Federal and
General West
Publications.
Additionally, West’s
Colorado Law Finder
utilized KeyCites, which
made it easy for me to
find other documents
that cite the document I
was currently working
with.
West’s Colorado Practice Series

Part VIII. Special Proceedings

Chapter 55. Fundamentals of Personal Injury
Practice

§ 55.8. Screening the case—Insurance and
collection


Police officer bitten by dog that jumped from suspect's
stopped vehicle not eligible for UM coverage under his
own policy because dog bite did not “arise out of the
operation or use” of suspect's vehicle.
Part IX. Real Estate Transactions

Chapter 70. Drafting Leases

§ 70.11. Drafting Leases — Tenant's Intended Use

Under premises liability statute, landlord not liable for
dog bite injuries to tenant's guest where (1) landlord
retained no right to rescind his agreement that tenants
could have dog on property, and (2) landlord not aware
dog had vicious propensities before leasing.
Colorado Law Annotated

KFC 1880.P75 (2006)

Animals – Not Applicable
Practice Materials
Other Practice Materials
Jury Instructions


Colo. Jury Instr., Civil 13:1 (4th ed.)
(Domestic Animals – Dangerous or
Vicious Tendencies – Elements of Liability)
Colo. Jury Instr., Civil 13:3 (4th ed.)
(Serious Bodily Injury or Death Resulting
from Being Bitten by a Dog – Elements of
Liability)
Self Help Books


Every Dog’s Legal
Guide: A Must-Have
Book for Your Owner
by Mary Randolph,
ISBN –
9781413303551
Bandit: The HeartWarming Story of One
Dog’s Rescue from
Death Row by Vicki
Hearne, ISBN –
9781602390706
Online Resources
Commercial
Databases

ALRS-ALL


ALRS-LP


Animal Legal Reports Services Report for Legal
Professionals
ALRS–AWLEP


Animal Legal Reports Services
ALRS Animal Welfare and Law Enforcement
Professionals
ANIMALS

Animals
Databases

JANLETH


LEGNEWSL


Journal of Animal Law and Ethics
JANLETH
Legal Newsletter Multibase
TEXTS

Texts and Treatises
Online Resources
Internet
Websites

Dog Bite Law

Colorado Dog Bite Law

Colorado Dog Bite Lawyers

Animal Legal and Historical Center
Websites

Dog Bite Law was one of the most useful
resources I found throughout my research.
According to the website Dog Bite Law is a “noncommercial website, updated daily, authored by
the USA’s leading legal expert in dog bite law.”
The website included various links to other useful
resources such as the U.S. Department of
Agriculture and other governmental websites.

Additionally, Dog Bite Law has links that are state
specific. I was able to utilize the resource to gain
information regarding Dog Bite Law in Colorado.
Internet Research was the last component of my
Research Strategy; therefore, I used the Colorado
Dog Bite Law link as a sort of check on the previous
research I had conducted.
Conclusion

In Colorado, a common-law strict liability action
may be brought against the owner or keeper of a
domestic animal that causes personal injury. To
establish liability of a person who owns or keeps a
domestic animal for injuries inflicted by that
animal, a plaintiff must prove that (1) the animal
is owned or controlled by the defendant; (2) the
animal has vicious or dangerous tendencies; (3)
the owner or keeper had knowledge or notice of
the dangerous propensities; and (4) the owner or
keeper did not exercise reasonable care to
prevent injuries reasonably anticipated to result
from such tendencies.