Dog (Bite) Days Of Summer, Part II: Home Inspector Bitten While Inspecting Home Can’t Sue Realtor

by: Peter J. Gallagher (@pjsgallagher) (LinkedIn)

Beware of the dog (pd)Last week, I wrote about an exception to the strict liability normally imposed on dog owners under New Jersey's dog bite statute. (A short time before that, I wrote about yet another exception to strict liability under the dog bite statute, so the exceptions are obviously more interesting than the rule.) This post is about a different dog bite case, Ward v. Ochoa, with a similar result even though it was not decided under the dog bite statute. Ward involved a home inspector who was attacked and severely injured while performing a home inspection. She sued the dog owners (who eventually settled) along with the real estate agency and real estate agent who were selling the house. Like the dog groomer in last week's post, however, the home inspector's claims were dismissed.

Continue reading “Dog (Bite) Days Of Summer, Part II: Home Inspector Bitten While Inspecting Home Can’t Sue Realtor”

Dog (Bite) Days of Summer, Part I: Owners Usually, But Not Always, Strictly Liable For Dog Bites

by: Peter J. Gallagher (@pjsgallagher) (LinkedIn)

Beware of dog (pd)As dog owners in New Jersey know, or should know, they are usually strictly liable for injuries suffered by anyone bitten by their dogs. New Jersey does not follow a "one free bite rule." Instead, under New Jersey law: "The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness."

There are, however, exceptions to this rule. For example, trespassers, who are obviously not "lawfully on or in a private place," cannot sue under the dog bite statute. A different exception was at play in Carpentiero v. Pocknett, where a dog groomer was bitten in the face by a dog while bathing the dog. In that case, defendant brought her dog to Katie's Pet Depot, where plaintiff, an independent contractor, worked as a part-time pet groomer. Plaintiff testified that had she been advised that the dog was old and had arthritis, she would have "muzzled the dog prior to grooming." But she was never told that, therefore she did not muzzle the dog, and, while she was bathing the dog, she was bitten in the face.  

Continue reading “Dog (Bite) Days of Summer, Part I: Owners Usually, But Not Always, Strictly Liable For Dog Bites”

What Happened To All Those Nazi Bomb Shelters?

by:  Peter J. Gallagher

 I am sure you were all asking yourselves this very same question as you commuted into work this morning?  Fortunately, archdaily.com has the answer (h/t PropertyProf Blog).  In a post called Berlin's Bunkers, archdaily tells the story of what became of the more than 200 air raid shelters and flak towers that the Nazis built throughout Berlin to protect citizens and soldiers from attack.  Only about 50 bunkers remain, and are being put to interesting and creative use:

In present day Berlin, the remaining bunkers nearly blend in to the surrounding cityscape. Only one flak tower still remains, and it has been overgrown with greenery and is now part of a public park. Only about fifty of the air raid shelters are still standing, but it seems as though each is used differently. Some of these shelters are also overgrown and incorporated as public parks, while others sit empty. Other remaining bunkers continue to thrive as hauntingly chic venues for nightclubs and fashion events. Probably the most innovative use of an abandoned bunker can be found on Reinhardtstrasse in Mitte. This shelter has been converted into an art gallery on the lower floors, and on the top level is a penthouse for the owner.