Please draft a legal analysis.

I need your help with a client issue. Our client, Lara Marianne, is concerned she may be strictly liable for an injury to a jogger during an interaction with her dog, Sadie. The jogger has threatened litigation, so I need to have a conference call with our client to discuss this matter.

 

Please draft a legal analysis on whether Ms. Marianne will likely be strictly liable for the injury.

I have attached the facts and the relevant case law summary Slack v. Khan. Only use the attached materials to analyze this issue. Your analysis should be written in the CREAC, TREAC or IREAC style.

 

Write a one-page analysis in the CREAC, TREAC or IREAC style based upon the following law and facts. You do not need to label the different parts  of your analysis.

 

Background Facts: Lara Marianne adopted a Labrador mix dog named Sadie at an animal shelter. Sadie’s previous owners had surrendered her to the shelter be- cause she snapped at their toddler. The toddler had grabbed Sadie’s fur and would not let go, so Sadie responded by snapping the air near the child. Sadie did not make any contact with the toddler’s skin, though she easily could have, and there was no injury. Sadie had never done anything else that could be considered aggressive or dangerous. The shelter personnel disclosed this information during the adoption process. Marianne keeps Sadie in an outdoor kennel and tethers the dog when Mar- ianne is outside gardening. Two years after Marianne adopted Sadie, Marianne was jogging in the park with Sadie when another, faster jogger overtook the duo at very close range. Sadie was startled and grabbed the passer-by with her teeth, causing a small cut.

 

Legal Background: The key case on point is Slack v. Khan, which is summarized below:

 

Sara and Will Khan owned Gideon, a German Shepherd dog that served as a service dog for Jon, their young son with autism. Gideon was a well-behaved dog that had never rushed at or bitten anyone. Gideon was so well trained that he hardly acknowledged others as he accompanied Jon throughout his day. When Jon played in the front yard, the Khans kept Gideon on a loose tether so he would not walk into the nearby busy street. One evening, Jon and Gideon were walking in the neighborhood when Gideon rushed at a passer-by, Lara Slack. Slack recoiled and fell, suffering a gash on her leg. Slack sued the Khans for her damages, based on a strict liability theory. The Khans prevailed on summary judg- ment because the Khans had no reason to know that Gideon was dangerous. The court noted that the owner’s knowledge turns on a dog’s past actions, and only when the past actions are substan- tially similar to the one now at issue. The owner’s knowledge is not based on the dog’s breed or the manner in which it is housed or tethered.

Legal Issue: Could Marianne be strictly liable for the injury?

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