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4307 Primary assumption of the risk (i.e., the firefighter's rule) prevents the owner of a dog from being strictly liable under Civil Code section 3342 to a veterinary clinic employee bitten by the dog, but if the dog's owner knew of the dog's vicious propensity, failing to warn the clinic increased the inherent risk so assumption of the risk does not prevent the imposition of common law strict liability.CitationPRIEBE v NELSON (Dog Bite) 39 C4 1112 [See: CivC 3342; Priebe v Nelson (RevGrtd) 119 CA4 235, T/AT 7/04; Knight v Jewett 3 C4 296, T/AT 10/92; Nelson v Hall 165 CA3 709]
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