Reference no: EM131086662

Facts: Mary Victim and her husband, Joe Victim, were going on vacation and decided to take Mary's younger sister, Patty Plaintiff, along with them. Patty is legally blind and was accompanied by her seeing-eye dog, Fido. They were all registered guests at the Big Chain Hotel (BCH) in Vacationville USA.Vacationville USA has a leash law that prohibited dogs from roaming unleashed. When they checked in, they informed the desk clerk that they were accompanied by Patty's dog. The BCH advertised in its brochure that pets were welcome. Donnie Defendant was also registered at the hotel as a guest when they checked in. Donnie was accompanied by his two dogs, a mixed-breed shepherd and a mixed-breed pit bull.

Shortly after they checked in, Mary took her sister's dog for a walk in a designated area on the BCH grounds. At the same time, Donnie approached the walking area with his two dogs, neither of which was leashed. Donnie's pit bull attacked Fido, who lay passive on the ground during the attack in accordance with her training. Mary attempted to separate the dogs but was unsuccessful and was bitten by the pit bull for her efforts. Patty heard the attack, opened the hotel room door, and, upon realizing what was happening, called to Joe. Joe then rushed from the hotel room to help his wife and was also bitten by Donnie's dog. Joe was able to drag his wife and Fido to safety after an unknown patron from an adjacent room threw water on the dogs. In the process of the attack, Patty was slammed against the door jamb of the room and was injured. Animal control and 911 were summoned. Mary, Joe, and Patty were taken to the hospital, where they were treated, while Fido was treated by a local veterinarian. In addition to their injuries, the attack also destroyed Fido's utility as a seeing-eye dog due to her newly-developed fear of other dogs.

BCH did not take any action or precautions to lessen the risk, or protect it guests from the risk, thatdogs that are unaccustomed to each other, if unrestrained, could attack other dogs. BCHdid not establish any rules that would require its guests to control their animals. It made no inquiry of its guests as to the propensity of the animals. It had no requirement that animals walked on the premises be leashed nor did it post notices in the rooms advising guests of the danger that animals might be running around loose on the premises.

Questions:

1. What damages, if any, may Mary, Joe, and/or Patty recover from BCH?

2. What damages, if any, may Mary, Joe, and/or Patty recover from Donnie?