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Negligence Liability

The common law recognized two separate causes of action for injuries caused by animals. First, if a dog owner knows the dog has vicious or dangerous propensities, the owner is strictly liable for any injuries the dog causes. Arnold, at 871; Johnston v. Ohls, 76 Wn.2d 398, 400, 457 P.2d 194 (1969); Markwood v. McBroom, 110 Wash. 208, 211, 188 P. 521 (1920). Second, if a dog owner or other person does not know of any vicious or dangerous propensities, that person is liable only if negligent in failing to prevent the harm. Arnold v. Laird, 94 Wn.2d 867, 871, 621 P.2d 138 (1980); Restatement (Second) of Torts §§ 509, 518 (1977).

The amount of care required is commensurate with the character of the animal: "The amount of control required is that which would be exercised by a reasonable person based upon the total situation at the time, including the past behavior of the animal and the injuries that could have been reasonably foreseen." Arnold, at 871; see also Restatement (Second) of Torts § 518 (1977).


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