South Dakota Complaint by Owner of Dog against Bailee for Damages for Failure to Return Animal

State:
Multi-State
Control #:
US-01671BG
Format:
Word; 
Rich Text
Instant download

Description

At common law, the owner of a domestic animal had such a property right as to enable the owner to recover, in a conversion action, for its taking or detention, or to maintain an action of replevin for its recovery. The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Section 5-1 Running at Large Prohibited No owner of any animal shall permit such animal to run at large in the city and no animal shall be off the premises of its owner unless restrained upon a leash and accompanied by its owner or a member of the owner's immediate family.

The one bite rule says that an owner, harborer or keeper of any domestic animal (a dog, cat or any other domestic animal) shall be held legally liable for damages caused by the animal if it is shown that (a) the animal had a propensity to do something harmful which was unusual for the animal's class (such as biting ...

South Dakota is a ?one bite? state, which means a dog owner may not be liable for injuries if it was the dog's first attack. However, they can be exceptions to this rule that can still hold a dog owner liable, even if it is the dog's first bite.

Usually, a dog is dangerous if it is known to bark, growl, or be aggressive to humans or animals without reason. "One Bite" Rule: The owner is liable if they knew or should have known that the animal might act in a dangerous or harmful way. The name of this theory comes from the idea that an animal gets one free bite.

Each state has different laws governing liability for dog bites. South Dakota is a ?one bite? state, which means a dog owner may not be liable for injuries if it was the dog's first attack. However, they can be exceptions to this rule that can still hold a dog owner liable, even if it is the dog's first bite.

Sixteen states currently have the one-bite rule: Alaska, Arkansas, Idaho, Kansas, Maryland, Mississippi, Nevada, New Mexico, New York*, North Dakota, Oregon, South Dakota**, Texas, Vermont, Virginia, and Wyoming.

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South Dakota Complaint by Owner of Dog against Bailee for Damages for Failure to Return Animal