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Pingaro v. Rossi | 731 A.2d 523 (1999)
Strict liability, also called absolute liability, is liability imposed on a defendant without requiring the plaintiff to prove that the defendant was negligent or otherwise culpable. It turns up in the context of abnormally dangerous activities, products liability, and in cases involving dangerous animals, like the bad dog that attacked the plaintiff in Pingaro versus Rossi.
Ellen Pingaro worked as a meter reader for New Jersey Natural Gas Company, going house to house to read gas meters. She carried a handheld computer that delivered personalized information about houses, such as the location of the meter and special conditions that meter readers might encounter.
For example, when Pingaro arrived at Joseph Rossi’s house for the first time, the computer displayed the message, quote, “bad dog, knock,” unquote. No one responded to her knock at the door, so she peered into the backyard. Seeing no dogs in evidence, Pingaro opened the gate and walked toward the meter, whereupon the bad dog materialized. A large German shepherd leapt on her, knocked her down and bit her arms, legs, and head until she whacked it with her flashlight and escaped. Pingaro needed numerous stitches and was left with permanent scars and lingering anxiety.
Pingaro sued Rossi. The trial judge found that Rossi was strictly liable under the state’s dog bite statute. The jury awarded Pingaro three hundred thousand dollars in damages. Rossi requested a new trial as to liability and damages. The court concluded that Rossi should’ve been allowed to introduced evidence of Pingaro’s comparative negligence and awarded him a new trial as to liability but not a new trial as to damages. Pingaro and Rossi both appealed to the appellate division.
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