Dog Observation

A dog attacks without provocation when the victim is merely present and is otherwise unaware of the dog’s presence prior to the attack, provided the victim’s presence at the site of the attack is not unlawful. (Messa at 4.) In Messa, the plaintiff was attacked by a guard dog when she exited the elevator on the fifth floor. When she entered the elevator she was unware that the fifth floor was residential and that it contained guard dogs. Once she exited the elevator the guard dogs immediately attacked her after a few steps. (Messa at 2.) The court held that the plaintiff’s only actions at this point consisted of stepping off the elevator and walking a short distance down the hallway, towards the defendant’s door. The victims action of simply