Dog Bite Claim Has No Teeth

Obtained summary judgment and case dismissal in a dog bite injury case. While trespassing on a property owned by our commercial real estate company client, the plaintiff alleged he was injured when bitten by another trespasser's dog. The dog's owner was a co-defendant in the case. The defense argued that the plaintiff failed to allege facts which would give rise to a duty of the property owner to warn of the dangerous propensities of a trespasser's dog. The plaintiff filed an amended complaint in response, which attempted to cure the defect, but also changed the date of the incident to more than two years prior to the filing of the complaint. The court granted summary judgment on the basis that the two-year statute of limitation barred the plaintiff's claim.