Bite Victim's Allegations of Recklessness Lack Substance, Says Court
by
Joseph C. Maya on May. 01, 2017
Accident & Injury Accident & Injury Animal Bite Lawsuit & Dispute Lawsuit
Summary: Blog post about the causes of action that can be brought in the event you are bit by someone's pet.
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
Motion to strike recklessness claim and its prayer for relief in a dog bite case was granted. Minor's attempt to plead recklessness by merely inserting the word "reckless" in front of her allegations of negligence was insufficient without any further non-conclusionary factual allegations of reckless conduct on the part of the dog owner. Defendant dog owner filed a motion to strike the third count of a three-count complaint filed by plaintiff, a minor through her parent, in a dog bite case. The third count of the complaint sought punitive damages for the reckless conduct of the owner regarding the dog.
The minor was bitten by the dog while a guest in the owner's home. The court granted the motion to strike. The allegations in the recklessness count mirrored those in the minor's negligence count. The minor had simply inserted the word reckless before each specific allegation and then alleged in conclusionary fashion that the owner exhibited heedless and reckless disregard for the minor's safety. Such pleading was insufficient to state a cause of action for reckless behavior. The minor failed to provide any "factual underpinnings" that would elevate the owner's conduct with regard to the dog to the level of recklessness. The allegation that the owner knew that the dog had vicious propensities was insufficient to establish reckless conduct as that knowledge was a basic requirement for pleading negligence in a dog bite case. The motion to strike was granted as to the third count of the complaint and its prayer for relief.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
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Source: Austin v. Franchina, 2005 Conn. Super. LEXIS 3688 (Conn. Super. Ct. Oct 21 2005)
