Torts – Dog owners – strict liability

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Torts – Dog owners – strict liability

Where a property owner permitted his adult daughter, her family, and their dogs to reside in a home he owned but in which he himself did not reside, he is a harborer strictly liable for injuries caused by the dogs.

“There is no dispute Kontos owned the home where the dogs resided and the alleged attack occurred and permitted his daughter and her family to live there with their dogs. As his daughter Janet stated in her deposition, ‘It’s his house. We live there.’ At the time of the alleged attack, Kontos had knowingly permitted the dogs to reside at the property for many months. According to the undisputed deposition testimony, Kontos had the authority to remove the Veiths and/or their dogs from the property. Because Kontos unquestionably provided shelter and lodging for the dogs just as surely as he did for the Veiths, he harbored the dogs and was a statutory owner of them.”

Affirmed.

Recommended for publication in the official reports.

2012AP641 Augsburger v. Homestead Mut. Ins. Co.

Dist. II, Winnebago County, Sharpe, J., Gundrum, J.

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