When a grocery-store customer heard the bark of a dog, she ran through the store and eventually attempted to climb onto a freezer to escape. But the customer, who admitted to an extreme terror of all dogs, had to laugh when she finally saw what the dog was: a four-pound dachshund puppy belonging to the store manager.
Nonetheless, the customer sued the store, arguing that the store was not kept in a safe condition and that shoppers should have been warned of the presence of the dog. The jury awarded plaintiff $130,000.
The Mississippi Court of Appeals reversed, ruling that the presence of a four-month-old puppy did not create a dangerous condition in the store.
Court of Appeals opinion: Penny Pinchers v. Outlaw
Commentary:
The Volokh Conspiracy
Lowering the Bar
Nonetheless, the customer sued the store, arguing that the store was not kept in a safe condition and that shoppers should have been warned of the presence of the dog. The jury awarded plaintiff $130,000.
The Mississippi Court of Appeals reversed, ruling that the presence of a four-month-old puppy did not create a dangerous condition in the store.
Court of Appeals opinion: Penny Pinchers v. Outlaw
Commentary:
The Volokh Conspiracy
Lowering the Bar