Tracey v. Solesky
2012, Opinion by Cathell, J.
STRICT LIABILITY ADOPTED IN RESPECT TO ATTACKS ON HUMANS BY
PIT BULL DOGS AND CROSS-BRED PIT BULL DOGSUpon a plaintiff’s sufficient proof that a dog involved in an attack is a pit bull or a pit bull
cross, and that the owner, or other person(s) who has the right to control the pit bull’s
presence on the subject premises (including a landlord who has a right to prohibit such dogs on leased premises) knows, or has reason to know, that the dog is a pit bull or cross-bred pit bull, that person is liable for the damages caused to a plaintiff who is attacked by the dog on or from the owner’s or lessor’s premises. In that case a plaintiff has established a prima facie case of negligence. When an attack involves pit bulls, it is no longer necessary to prove that the particular pit bull or pit bulls are dangerous.
