Calif. Hiker Can Proceed With Injury Suit Over Unleashed Dog

Law360 (July 20, 2020, 8:43 PM EDT) -- A California appellate panel has revived a suit by a hiker who says a man is liable for her broken leg because his dog knocked her to the ground on a trail, saying the primary assumption of risk doctrine does not apply because off-leash dogs had to be under control.

Judge Alison M. Tucher, writing Friday's published opinion for the three-judge panel, said Alexander Weber had conceded that his dog, Luigi, was not under control during the 2016 incident in Tilden Regional Park, which is part of the East Bay Regional Park District. A park district ordinance allows dogs to be...

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