Posted: January 6th, 2016

Using evidence to support your answer, advise Felicity as to whether the following parties are liable in negligence for her injuries: Care Free Dogs Pty Limited. Victoria.

Felicity lives in Newtown. She has a small dog called Fluffy.   Every Sunday morning she takes Fluffy to the local off-leash dog park. The park is privately owned and run by Care Free Dogs Pty Limited. Entry to the park is $3.00 per dog payable to the ranger on duty at the gate.

 

At the gate to the dog park, the ranger, as per his training, must ask the people accompanying the dogs whether the dogs are dangerous or have a history of biting other dogs, and to ask the people for photographic identification. If the answer to either of the questions is yes, the ranger is to refuse entry. The rangers also have a list of people who are banned from bringing their dogs to the park because the dogs have behaved aggressively in the past. The rangers have been trained to check the photographic identification against this list of people.

 

One Sunday Felicity was at the dog park as usual when Victoria, a fashion model, arrives with her pit bull. The ranger on duty on the gate is so distracted by Victoria’s beauty that he forgets to ask her for identification. He does ask whether the dog is dangerous or has a history of biting, but Victoria answers in the negative. In fact Victoria is on the list of people who are banned from bringing their dogs to the park, because last time she brought her pit bull to the park, it attacked another dog as well as a child.

 

Once inside the dog park, Victoria lets her pit bull off its leash. The dog runs towards Fluffy and attacks her. Felicity is terribly distressed and tries to break up the dog fight. Victoria laughs and says ‘Oh, aren’t they cute, they want to wrestle!’ She does nothing to call her dog away or try to put it back on a leash, but sits down to look at her Instagram account on her mobile phone.

 

The ranger runs over with a dog catching device and snares Victoria’s pit bull. He then calls an ambulance as he can see that Felicity has been injured and is bleeding from the face and hands.

 

Using evidence to support your answer, advise Felicity as to whether the following parties are liable in negligence for her injuries:

 

  1. Care Free Dogs Pty Limited.
  2. Victoria.

Expert paper writers are just a few clicks away

Place an order in 3 easy steps. Takes less than 5 mins.

Calculate the price of your order

You will get a personal manager and a discount.
We'll send you the first draft for approval by at
Total price:
$0.00
Live Chat+1-631-333-0101EmailWhatsApp