A Mississippi court of appeals “has vindicated the honor of dachshunds everywhere” by reversing a $130,000 judgment in favor of a store customer frightened by the dog’s allegedly aggressive behavior. [Penny Pinchers v. Outlaw, PDF, via Tom Freeland and Philip Thomas] More: Eugene Volokh.
11 Comments
[…] H/T Overlawyered […]
If my name were Badger I might be frightened.
Bob
I’ve witnessed more unpleasant run-ins with dachshunds than pit bulls. They’re nasty little things, though not quite as vile as corgis.
I’ve had 5 sheep killed by pit bulls, and have read about several people being killed by them (by pit bulls, not sheep). I have yet to have either a dachshund or a corgis kill a sheep.
Nonsense, the little buggers are thoroughly dangerous I tell you.
The little devils sneak up behind you and bark like crazy, you wheel around to see what the noise is all about and then you trip it. So there you are sprawled out over the floor in pain and humiliation and they run up a start licking your face as if to say “Hi there big guy. Not so big are you now.”
Just when you are losing all faith in appellate courts this happens and from Mississippi no less.
The term “vindicated” is technically correct in once, but defendant’s litigation costs through trial and one appeal surely exceed $100k.
Thus, small employers are strongly incentivized by this kind of litigation not to allow even 4 lb dachsund puppies on the premises, since their barking might frighten a litigious customer. From a societal point of view, thus, it is not that clear if the rights of dachsunds were “vindicated”.
I went to the NWMiss commentator, and was disturbed to see a cartoon by Gary Larsen posted. Left this comment:
As I was reading the court document I visualized the plaintiff running ‘into the freezer’ as entering a large floor to ceiling freezer. But continued reading led me to believe that she struck the outside of the freezer with her body. Curious ambiguity that, while perhaps not material to the injury and claim, paints very different pictures of the actions leading to the plaintiff’s alleged injuries.
It took the NYS Court of Appeals to hold that “Barking and running around are what dogs do.”
http://www.nycourts.gov/reporter/3dseries/2004/2004_00960.htm
I feel sorry for the kid in comment #8, who probably lost a friend because their parents couldn’t handle a situation without judicial intervention.
Also, more than two breeds in a mix can be appropriately abbreviated as “mutt”, although I guess I should be grateful they didn’t call it a beagolliler.
Anyone else think that “Outlaw” would be a really cool name for a 4-pound dachshund puppy?