Blaha v. Stuard , 2002 S.D. LEXIS 18 ( 2002 )

SABERS, Acting Chief Justice

(concurring in result).

[¶ 31.] I concur in result, but write specially to point out that liability should attach to an owner (or former owner) of a dangerous animal if he is negligent in failing to prevent the harm. SDCL 20-9-1 provides:

Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care or skill, subject in the latter cases to the defense of contributory negligence.

[¶ 32.] In addition, since no dog could constantly bark, bare its teeth and strain at its leash, I would replace the ill-chosen word “constantly” in the cite from Gehrts, 2001 SD 10 at ¶ 8, 620 N.W.2d at 778, with the word “frequently.” See ¶ 17 of the majority opinion.