From ANIMAL PEOPLE, January/February 2010:
LINCOLN–The Nebraska Supreme Court ruled 5-2 on December
18, 2009 that injuries caused by dogs without intent on the part of
the dog to do injury are not actionable under the state law holding
dog keepers liable for dog attacks. The case originated in 2005 when
a golden retriever service dog kept by Shiloh Hobelman bounded up to
Anne Underhill, who is confined to a wheelchair, and collided with
Hobelman causing her a knee injury that required surgery.
The outcome of the case paralleled the 1996 British
Columbia Court of Appeal verdict Shelvey v. Bicknell. In that case a
two-year-old Rottweiler in August 1991 collided with plaintiff Judith
Shelvey while chasing an Old English sheep dog playmate. Shelvey
suffered a severe head injury. The British Columbia Court of Appeal
held that Shelvey was injured as result of an unforseeable accident.