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Keywords

plaintiffdefendantnegligenceappealsummary judgmentduty of carecommon law
plaintiffdefendantnegligenceappealsummary judgmentsustainedduty of carecommon law

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Snow v. Birt, 968 P.2d 177

Facts

Cynthia, the granddaughter of defendants Robert and Patricia Birt, was bitten in the face by a dog owned by her father while visiting the defendants' residence. The dog had previously bitten another child, leading to a health department order for isolation. Despite this, the dog was allowed to remain in the home, and Cynthia was bitten while playing in the family room. The mother filed a complaint alleging negligence against the grandparents, who claimed they had no legal duty to the child.

While visiting her father at defendants' residence, Cynthia, who is defendants' granddaughter, sustained injuries from being bitten in the face by a dog. The dog was owned by Cynthia's father (defendants' son) who had been living with defendants for several years. One week before it bit Cynthia, the dog had bitten another child inside defendants' residence.

Issue

Did the grandparents owe a legal duty to protect the child from injuries caused by the dog under municipal ordinance and common law?

Did the grandparents owe a legal duty to protect the child from injuries caused by the dog under municipal ordinance and common law?

Rule

A legal duty may arise from legislative enactments or common law, and whether a defendant owes a duty to a plaintiff is a question of law for the court to resolve.

In order to establish a claim for negligence, a plaintiff must show that defendants owed a legal duty. That duty may arise from a legislative enactment or from the common law.

Analysis

The court found that the municipal ordinances imposed a duty of care on the grandparents to protect Cynthia from the dog, as they were harboring and keeping the animal in their home. Additionally, the court concluded that common law also imposed a duty on the grandparents to protect guests from injuries caused by animals in their care. The court emphasized that the relationship between the grandparents and the dog established a legal duty to exercise reasonable care.

Based upon these undisputed facts, we conclude that the municipal ordinances imposed a duty of care upon defendants to exercise reasonable care and to take all necessary precautions to protect Cynthia from being injured by the dog. Thus, the entry of summary judgment in favor of defendants on this claim cannot stand.

Conclusion

The Court of Appeals reversed the summary judgment in favor of the grandparents and remanded the case for further proceedings, determining that the grandparents had a legal duty to protect the child.

The summary judgment is reversed and the cause is remanded for further proceedings.

Who won?

The mother prevailed in the appeal as the court found that the grandparents owed a duty to protect the child under both municipal ordinance and common law.

The Court of Appeals reversed this decision, holding that the grandparents owed a duty to protect the child under both municipal ordinance and common law.

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