Facts

San Diego Humane Society ("SDHS") transferred ownership of a young Belgian Malinois dog to a separate non-profit Animal Rescue organization, with no knowledge of any dangerous or vicious propensities of the dog when it was transferred from SDHS. The Animal Rescue matched the dog with a foster-to-adopt home in Rancho Santa Fe, and one day after the dog arrived at the home the dog bit a four-year-old boy and plaintiff Jordan Kownacki who was providing childcare for the boy, causing severe injury to the boy and Kownacki.

PLAINTIFF'S CONTENTIONS: Plaintiff Kownacki contended that SDHS was liable for the dog bite via Civil Code section 3342 (Strict Liability), Negligence, and Agency/Partnership/Joint Venture with the Animal Rescue organization.

DEFENDANT'S CONTENTIONS: SDHS contended that it was not strictly liable for the bite because it was not the owner of the dog at the time the incident occurred, so Civil Code section 3342 does not apply; SDHS was not liable via negligence, because SDHS acted reasonably under the circumstances; and no Agency/Partnership/Joint Venture existed between SDHS and the Animal Rescue organization such that SDHS could be held liable for the Animal Rescue's alleged negligence.

Settlement Discussions

There were no settlement discussions.

Injuries

Plaintiff suffered level six dog bites.

Result

Summary judgment in favor of defendant as to plaintiff's complaint.