Pingaro v. Rossi
Superior Court of New Jersey, Appellate Division
731 A.2d 523 (1999)
Ellen Pingaro (plaintiff), a gas-meter reader, went to read a meter at the home of Joseph Rossi (defendant) despite her hand-held device warning 'bad dog, knock'; after knocking, rattling the gate, and calling out with no response, she entered the yard believing it was clear of animals, but a German shepherd immediately knocked her down and bit her repeatedly, causing serious injuries. Pingaro sued under New Jersey's dog-bite statute imposing liability on owners regardless of prior knowledge of the dog's dangerous propensity; a jury found for Pingaro, but a new trial was granted on liability, and the case reached the Appellate Division.
Whether, under a statute imposing strict liability on the owner of an injurious animal, the owner may avoid liability by showing he lacked knowledge of the animal's dangerous propensity.