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Case Study Of Alec Clover

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Ms. Austin will not be able to prove that Alec Clover was trespassing or teasing, tormenting, or abusing the dog. If found as the keeper, to escape culpability Ms. Austin must prove that the plaintiff was teasing, tormenting, or abusing the dog at the time of the bite. Mass. Gen. Laws Ann. ch. 140, § 155 (West). If the plaintiff is under the age of seven at the time of the incident it is presumed that they were not trespassing or teasing, tormenting, or abusing the dog. Mass. Gen. Laws Ann. ch. 140, § 155 (West). Teasing, tormenting, or abusing acts are those that are meant to annoy and irritate the dog. Malchanoff v. Truehart, 236 N.E.2d 89, 94 (Mass. 1968). To be considered teasing, tormenting, or abusing facts must support that the plaintiff …show more content…

Due to Alec's age, the statute presumes that he was not teasing, tormenting, or abusing Trixie, with the burden typically resting on the plaintiff to prove that they were not teasing, tormenting, or abusing the dog, but because Alec Clover was under the age of seven the burden shifts to the defendant. Mass. Gen. Laws Ann. ch. 140, § 155 (West), Malchanoff v. Truehart, 236 N.E.2d 89, 94 (Mass. 1968). While Alec Clover did attempt to pet Trixie several times, with each time Trixie reaching forward to grab the red water balloon in his hand, Malchanoff v. Truehart established that petting a dog is not considered to be teasing, tormenting, or abusing. Malchanoff v. Truehart, 236 N.E.2d 89, 94 (Mass. 1968). Petting Trixie would be a typical behavior that a person would partake in with a dog that would not be designed to annoy. Id. It was not until Trixie popped the water balloon in Alec Clover's hand that Alec fell and struck Trixie in the nose while he fell, resulting in Trixie biting him. With Alec Clover being five years old at the time of the incident and the strike occurring while Alec was falling, Burgoyne would require that Alec had preexisting ill will towards Trixie when he struck her to be deemed to have been teasing, tormenting, or abusing Trixie. Burgoyne v. Owen, 1991 Mass. App. Div. 192. Alec did not strike Trixie for the purpose of

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