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SPIRLONG v. BROWNE

No. 1 CA-CV 12-0763.

336 P.3d 779 (2014)

Kevin SPIRLONG and Anne Spirlong, husband and wife, individually and on behalf of their minor son, Logan Spirlong, Plaintiffs/Appellants/Cross-Appellees, v. Charles BROWNE, Defendant/Appellee/Cross-Appellant.

Court of Appeals of Arizona, Division 1.

October 28, 2014.

Attorney(s) appearing for the Case

Gallagher & Kennedy, P.A., Phoenix By Jeffrey T. Pyburn, Jonathan T. Hasebe, Counsel for Plaintiffs/Appellants/Cross-Appellees.

Perry Childers Hanlon & Hudson, PLC, Phoenix By Gary L. Hudson, Jr., Counsel for Defendant/Appellee/Cross-Appellant.

Presiding Judge PATRICIA K. NORRIS delivered the decision of the Court, in which Judge LAWRENCE F. WINTHROP and Judge JOHN C. GEMMILL joined.

OPINION

NORRIS, Judge.

¶ 1 Under state statutes, a person "keeping" a dog for more than six consecutive days is considered the dog's owner and is strictly liable for any injuries and damages caused by the dog. The issue in this appeal is whether "keeping" requires the person to have exercised care, custody, or control of the dog. We hold it does.

FACTS AND PROCEDURAL BACKGROUND

¶...

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