Carreiro v. Tobin

Plaintiff received a wound from a dog bite from a pit bull. Plaintiff filed suit against Defendant, the owner of the building where the dog bite occurred. The superior court granted summary judgment in favor of Defendant, finding that the dog bite at issue occurred within the enclosure of the owner or keeper of the dog. On appeal, Plaintiff argued that a genuine issue of material fact existed as to whether the second-floor apartment where the dog bite occurred was a separate enclosure for purposes of R.I. Gen. Laws 4-13-16. The Supreme Court vacated the judgment of the superior court, holding (1) absent an inquiry into whether the second-floor apartment was kept locked and whether Defendant was excluded from the premises, it was impossible to determine whether the second-floor apartment was a separate enclosure within Defendant's house; and (2) there was a disputed issue of material fact was to whether Defendant knew of or permitted the dog's presence on his premises. View "Carreiro v. Tobin" on Justia Law