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Superior Court Holds that Statutory Defense Does Not Require Proof of Intentional Conduct

In the Superior Court case of Kizer v. O’Neal, Judge Thomas Corradino recently held that engaging in conduct which is naturally likely to irritate and provoke a dog is sufficient to preclude recovery under the Dog Bite Statute. Therefore, a child too young to realize that rough housing could provoke a dog into biting may be barred from recovery under the Dog Bite Statute, even though the child was engaging in innocent play. Every case is different, so you should consult an experienced attorney in this area if you have questions about your particular situation.

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