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Borns v. Voss6/6/2003
ability, or what it costs.
We are not insensitive to the plight of dog bite victims who cannot prove negligence on the part of the dog's owner and who cannot prove the owner's prior knowledge of the dog's dangerousness. We are also mindful of the fact that the common law may be judicially modified under appropriate circumstances. But for all the reasons set forth above, we will not in this case abrogate the scienter element of strict liability.
CONCLUSION
The summary judgment entered in this case must be reversed because there are genuine issues of material fact in regard to both causes of action and because the Vosses were not entitled to judgment as a matter of law.
Reversed and remanded for further proceedings consistent with this opinion.
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