Wednesday, September 21, 2022

Sniffing Out A New Claim in Dog Bite Cases Based on Rabies Act

In the case of Wolfgang v. Villarreal, No. 2573-CV-2021 (C.P. West. Co. Sept. 7, 2022 Scherer, J.), the court issued an Order denying the Defendants’ Preliminary Objections in a dog bite case in which the Defendants filed a demurrer against the Plaintiff’s claims of negligence per se based upon an alleged violation of the Rabies Prevention and Control in Domestic Animals and wildlife Act (“Rabies Act”).

In so ruling, the court reviewed the law supporting claims of negligence per se and found that, since the Rabies Act is designed to protect a specific group of people, that being persons who may encounter domestic animals that could be infected with rabies if not properly vaccinated against it by their owners, the Plaintiff's allegations in the Complaint were sufficient to support a claim of negligence per se in this regard.

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney Thomas Newell of Newell Law for bringing this case to my attention.

Source of image:  Photo by Lum3n on

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