Hawaii veterinary clinicians and staff bitten by dogs under their care cannot seek damages from pet owners for injuries because of a primary assumption of risk doctrine that relieves pet owners of liability once their animals are relinquished for medical care, a state appellate court ruled Tuesday.
The Hawaii Intermediate Court of Appeals issued its ruling in Franks v. Holloway, which stemmed from a November 2014 incident in which a part-time kennel attendant on her third day of work was severely bitten by a dog who was taken in for treatment.
The worker, Shelby Rho Franks, needed surgery to treat her dog bite injuries.
Ms. Franks sued VCA Animal Hospitals Inc. and dog owner Paul Jason Spaulding for negligence in 2015. Mr. Spaulding petitioned for summary judgment in 2016, arguing veterinarians and their staff assume the risk of being bitten or otherwise injured by animals under their care.
A circuit court agreed with the dog owner and Ms. Franks challenged the case dismissal.
The appellate court affirmed the circuit court, ruling that the state’s Veterinarian’s Rule bars dog owners’ normal duty of care once their animals are under the care of clinicians, and that the plaintiffs in this case could not support a claim of negligence against Mr. Spaulding.