Drake v. Dean

*934SPARKS, J., Dissenting.

Today, the majority holds that the owners of a dog not previously vicious or dangerous are liable in negligence for failing to control the animal because it is foreseeable that such a dog will jump up on people and knock them down. This greatly, and I think mistakenly, expands the liability of dog owners in California.

As the majority sees it, “[although the jury found Bandit had no vicious or dangerous propensity, that finding did not resolve the question of negligence tendered by plaintiff’s complaint.” (Maj. opn., ante, at p. 931.) To the contrary, that finding did…