Element Application of Facts
  1. IF dog or other animal
yes dog
  1. Without provocation
yes (but check; MB dropped plate of chicken)
  1. Attacks, attempts to attack, or injures
yes, bit MB—MB injured
  1. Any person
yes, MB a person
  1. Peaceably conducting himself
yes, carrying plate of food
  1. In any place he may lawfully be
yes, invited to party
  1. THEN—owner liable
THEN—owner liable
  1. The statute defines owner as any person having a right of property in an animal
no, JC not legal owner and thus has no right of property in the dog
  1. who keeps or harbors an animal
possibly yes; JC is “harboring” animal
  1. who has it in his care
possibly yes
  1. acts as its custodian
possibly yes
  1. who knowingly permits a dog to remain on any premises occupied by him or her
Questionable—JC did not know the dog would be left with her that day—“knowingly” in question