blaw cole - an officer from suing dog owners for injuries...

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5. Cole v. Hubanks (Dog attacked police officer) a. Facts i. Police Officer Julia Cole was patrolling Milwaukee when she came upon a large dog wandering in the street. The dog still had a chain attached to its collar. Cole called the dog toward her. ii. Without and prior indication of viciousness, the dog knocked her over and bit her on the face and neck. Her wounds required 30 stitches. iii. Cole brought action against the owners of the dog and their insurance company, alleging that the owners 1.negligently cared for the dog, 2.harbored a dangerous animal, 3.failed to warn the public of the dangerous nature of the dog, and 4.violated the Wisconsin dog owner’s statute. b. Issue i. Should Wisconsin’s “firefighter rule,” that is based on public policy limitations on liability, be extended to police officers to bar
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Unformatted text preview: an officer from suing dog owners for injuries the officer received while capturing the dog? c. Holding i. No, Cole may sue for injuries occurring during the course of her duties as a police officer. d. Reasoning i. There are many differenced between firefighters and police officers. Firefighters know they are exposed to danger when they are called to fight a fire. By contrast, police officers are usually out on patrol from the start of their shift until its end. ii. Capturing stray dogs can fall within police officers duties on occasion, but they receive no specialized training to do so and it appears not to be a central focus of their days activities. iii. Permitting Coles claim will encourage dog owners to shoulder their responsibilities to the public at large....
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This note was uploaded on 11/17/2008 for the course AEM 3200 taught by Professor Grossman,d. during the Fall '07 term at Cornell University (Engineering School).

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