A Primer on Dog Bite Laws in Pennsylvania
The basic law governing dog bites in Pennsylvania is the "one bite" rule. This means that a dog owner is not liable for injuries caused by his or her pet unless the dog has a known history of aggressive behavior. In contrast, if the dog has been trained to attack, the owner will be liable for any injuries caused. Strict liability applies only to guard dogs and police dogs trained to be aggressive.
Pennsylvania dog bite laws require a victim to prove the dog has a prior history of aggression, meaning the animal attacked or threatened someone previously . This can help establish that the owner knew of the dog’s dangerous tendencies. A person also may prove the owner was negligent in controlling or confining the pet.
The law is different when someone is attacked by a dog that is not owned by someone else. For example, a postal worker injured by a dog while performing his or her job can bring a claim against the dog’s owner, but not against the owner of the property where the injury occurred. Dog owners are not liable for injuries should their pet get out through an open gate or front door.
When There is Euthanasia Following a Dog Bite
"Pennsylvania Law allows for a dog which has injured or bitten another person to be humanely euthanized."
Under 3 P.S. § 459-205, if after a hearing the court finds that a dog has (1) killed or seriously injured a person without provocation; (2) killed or seriously injured a domestic animal or livestock without provocation and the owner has been given at least 72 hours’ notice; (3) wounded a person without provocation; or (4) chased or approached a person in a menacing fashion, and the act of the dog was unprovoked, the court may order the owner to surrender the dog to a humane society or a municipal or county institution for impoundment, and it may order the humane destruction of the dog.
The "programs" referred to under 3 P.S. § 459-205 are those listed in the statute: veterinary facilities, municipal or county facilities, humane societies, animal rescue facilities, and private organizations or individuals which provide shelter and care for companion animals.
The law requires that the constable which seized the dog give immediate notice to the district judge to schedule a hearing within 10 days. Id. at 407. This hearing is a formal judicial proceeding. "The District Justice must be satisfied that the necessary burden of proof has been sustained before ordering the destruction of a dog. This burden or standard is by the preponderance of the evidence." Id. Evidence that the dog at issue previously acted aggressively must also be considered. Id. The court, however, must not consider evidence that such prior acts were provoked. Id.
The Legal Process for & Decisions Affecting Euthanasia
Should the dog identified as the owner’s pet be determined to be dangerous, the unit for the municipality’s dog officer may petition the court asking for an order for a euthanasia of the offending dog. The Clerk of Courts shall assign it a number and forward it to a judge with instructions to schedule a hearing on the petition. The courts have the underlining authority to decide what to do with a dog which is deemed dangerous. The judge can:
(i) order the dog to be placed in a secure enclosure;
(ii) require that the owner or keeper purchase surety bond or liability insurance;
(iii) order that the owner or keeper pay for the cost of care for the dog; …
(v) order that the dog be humanely killed by a licensed veterinarian or by some other humane means.
This is an excerpt from Chapter 427.1 of 3 Pa.C.S. (a.k.a. "Dog Law Restriction"; formerly enacted by the Pennsylvania legislature and codified at Title 3 before re-codification under he First Class Township Code). Therefore, this portion addressing D.O.A. of dog killer orders gives the courts the ability to make such a determination. While there seemingly are parameters under what the courts can mandate, there also is a degree of discretion regarding the evidentiary standard and mitigation factors for these types of D.O.A. cases.
While there are disputes regarding evidentiary issues addressed in Pennsylvania appellate decisions on what is required of the prosecuting municipal unit when proving the D.O.A. case, notice is required per Jesse Smoller v. City of Wilkes-Barre, 564 A.2d 267 (Pa.Cmwlth. 1989). In that Pennsylvania appellate court opinion, the Court stated:
The only other issue raised is appellant’s claim that he was denied due process when no notice of the § 502 hearing was given and such notice was required by the Supreme Court of Pennsylvania in Commonwealth v. Hecker, 473 Pa. 551, 375 A.2d 1290 (1977).
We agree with appellant that Hecker requires notice to be given in a proceeding under § 502, but also conclude that Appellant had actual notice of the § 502 proceeding.
The Owner’s Rights & Responsibilities Per the Law
It’s important to note the obligations of pet owners under Pennsylvania law. If you’ve been bitten by a dog, the owner of that animal may not be responsible for your injuries. A plaintiff in a dog bite case must prove the other party’s liability. In order to do so, the plaintiff must show that the dog acted aggressively and bit someone. The plaintiff must also show that they were acting normally at the time of the incident and that their behavior did not contribute to the incident in any way. If the dog was provoked, the owner is not liable for the injuries. Owners of domesticated animals have a duty to be responsible for the behavior of their pets. Under § 459-501 of the Pennsylvania Consolidated Statues , the owners of domesticated animals must exercise reasonable care to prevent the animals from injuring a person or damaging their property. It is up to the courts to determine whether the owner acted reasonably depending on the circumstances of the incident. If a domesticated animal does bite someone it must be turned over to the police or proper animal control authorities. The authority can then determine whether the domesticated animal is a threat to the public. If they decide that the animal is dangerous, it must be euthanized within 10 days. Owners are allowed to appeal this decision and request a hearing. The hearing should take place within two days of the request and the animal will not be killed until the hearing is complete. This will not delay the euthanization for more than 10 days after the decision was made.
Exercise Due Diligence & Avoid Liability
Owners concerned about the potential for dog bite liability can take preventative measures to protect themselves and help prevent the need for euthanasia of their dog. A dog owner should advise anyone who has recently interacted with their pet, whenever possible immediately after, that the dog was not up to date on vaccinations and therefore should seek medical attention if they develop any concern. Also, a dog owner should record these dates along with any other details about the situation so that if a need arises for damage mitigation, they can have a record of what actually occurred. A pet owner should have their dog vaccinated as soon after the bite incident as possible, since some States will allow the dog to be quarantined on their property and others allow the dog to undergo a rabies booster vaccination rather than euthanasia. Dog owners should contact their veterinarian for further information.
Dog owners found to be responsible for sufferring damages which resulted from a bite incident may be protected through their insurance coverage. It is advisable for dog owners to understand the extent of their insurance coverage, including rental situations, and the potential consequences of any resulting contractual obligations.
Legal Assistance and Support for Dog Owners
Navigating the complexities of dog bite cases and potential euthanasia scenarios in Pennsylvania can be daunting. Fortunately, there are resources available to assist dog owners who find themselves facing these challenges.
The Pennsylvania Bar Association offers a lawyer referral service, where individuals can find attorneys specializing in pet-related legal issues, including cases involving dog bites or animal cruelty. The number for their lawyer referral service is (800) 692-7375.
For those facing potential euthanasia , local or national animal welfare groups can provide valuable guidance and support. Organizations like the Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA) are dedicated to animal rights and can offer both legal information and advocacy.
Local legal aid clinics or animal control officers may also have resources for dog owners in need of assistance. More often than not, they can help you understand the relevant laws and direct you to the appropriate channels for legal representation.
To minimize the risk of dog bites and associated legal issues, it’s important to ensure that your dog is up-to-date on vaccinations, particularly rabies. Furthermore, a knowledgeable veterinarian can be your best advocate for the long-term health and safety of your beloved pet.