Gehrts v. Batteen
South Dakota Supreme Court
620 N.W.2d 775 (S.D. 2001)
Relevant factsFree
Gehrts (plaintiff) was bitten in the face by a St. Bernard owned by Nielsen (defendant), who was visiting Gehrts's home with the dog tied up in the back of her truck; Gehrts asked to pet the dog, Nielsen agreed, and the dog bit Gehrts as she approached, causing extensive injuries. Gehrts sued Nielsen and her husband Batteen (defendant) for both strict liability and negligence; the trial court ruled for the defendants, and Gehrts appealed.
IssueFree
Whether owners of domestic animals, regardless of whether the animals have known, abnormally dangerous propensities, are strictly liable for injuries the animals cause.
Related cases
Joe Dickerson & Associates, LLC v. Dittmar34 P.3d 995 (Colo. 2001)Cooper Industries, Inc. v. Leatherman Tool Group, Inc.532 U.S. 424 (2001)Gourley ex rel. Gourley v. Nebraska Methodist Health System, Inc.663 N.W.2d 43 (2003)Cheatham v. Pohle789 N.E.2d 467 (Ind. 2003)Gates v. Discovery Communications, Inc.101 P.3d 552 (2004)