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Animal Law Keyed to Wagman
Drake v. Dean
Citation:
19 Cal. Rptr. 2d 325, 15 Cal. App. 4th 915 (1993)Facts
Kathleen Drake was invited to the Deans’ home to discuss a potential business arrangement. While there, she asked to use the bathroom and was directed through the kitchen where the Deans’ dog was located. As Drake walked through the kitchen, the dog bit her on the buttocks. The Deans were aware that their dog had previously bitten another person. Drake filed a lawsuit against the Deans based on strict liability under California Civil Code § 3342 and negligence. The trial court granted summary judgment to the Deans, finding that Drake had assumed the risk of being bitten by voluntarily approaching the dog.
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