When is it better to bring a negligence versus a strict liability claim?
Negligence claims based on failure to supervise are difficult to win because comments to the Restatement, which many jurisdictions follow, state that there is no general duty to keep dogs under constant control given they are unlikely to inflict substantial harm. However, negligence claims offer a great advantage in comparison to common law strict liability in that victims can prevail without proving the owner knew or should have known about his dogs vicious traits. In states which have instituted modern strict liability, though, a negligence claim would usually be unnecessary.
