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28 Bus. L. Rev. 9 (1995)
Beware Friendly Dog: Who Is Liable?

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BEWARE FRIENDLY DOG: WHO IS LIABLE?

                                    by WILLIAM  E. GREENSPAN*


INTRODUCTION
  Imagine a situation whereby Tom rents a house from Larry. Tom
lives with his wife and two young children. He manages a pet shop
and brings his two-year-old, thirty pound springer spaniel dog Jack-
son to work each day. Tom's employer, Earl, encourages this because
Jackson is friendly, active, and draws customers into the store.
  On the morning of December  13, Tom is at home, getting ready to
go to work. Mary, Tom's mother-in-law is visiting and staying with
Tom's family during that week. Tom's next door neighbor, Ned, is
driving through the alley behind his house when he notices the lights
of his neighbor Tom's car are on. Ned approaches Tom's house and,
through the back door, informs Mary, who had borrowed Tom's car,
that the lights are on.
  As Mary  opens the door to go turn off the lights, Jackson runs
out the door, down  the footpath toward the alley. As Ned walks
down the footpath back to his car, Jackson inadvertently bumps into
the back of Ned's legs. Ned loses his balance and falls. He breaks
his wrist and sustains back injuries.
  Even though Jackson is friendly, gentle and has a history of going
outside early in the morning, nothing like this has ever happened
before. Tom knew Jackson  would probably try to get outside. When
Jackson is outside, Tom normally clips the dog's collar to a chain
secured to the steps of his garage, because Jackson would otherwise
run all over somebody's garden or in somebody's yard.


   * Associate Professor of Law, University of Bridgeport, Bridgeport, Connecticut.