Last month, an appellate court in nearby West Virginia issued a written opinion in a dog bite case that required the court to determine if the local county government could be held liable for the plaintiff’s loss of a loved one based on a government employee’s failure to act. Ultimately, the court concluded that a special relationship was created by the plaintiff’s repeated efforts to notify the city of the dangerous dogs. Thus, the court permitted the plaintiff’s case to proceed.
The plaintiff was the surviving loved one of a man who had died after being viciously attacked by several dogs belonging to a neighbor. Prior to the death of her husband, the plaintiff had expressed her concern about the dogs by calling 911 and speaking with the county’s dog warden. The plaintiff explained that she thought the dogs were dangerous and that something should be done. The dog warden told the plaintiff that “the county would take care of it.”
On a separate occasion, the dog warden traveled to the dogs’ owner’s home. When the warden pulled into the driveway, one of the dogs approached the car and jumped on the hood. The dog warden reported being frightened to the point where she would not exit the vehicle. She later cited the dog’s owner for failing to keep the dog restrained.