Dogs shoot owner, start house fire in Pennsylvania and North Carolina

Next time your dog begs for a treat, you may want to give it to him. In Pennsylvania, a dog reportedly injured its owner with a shotgun left on the bed, while in North Carolina, a dog was caught on camera setting fire (the home of a deputy fire chief) with a damaged lithium battery. Since I just finished teaching my tort students about animal liability (and strict liability for dog bites), these cases present a teachable moment for both humans and dogs.

Dog bite cases have long been a mainstay of tort litigation, including recent incidents. Biden family in the White House. What about dog attacks using weapons?

Common law imposes strict liability on dogs where the owner knew or should have known of the animal’s evil disposition. Sometimes referred to as the “one free bite rule,” past evidence of malicious propensity, such as a bite, may be sufficient to trigger strict liability. Other states are moving to a general strict liability rule. Many have established legal standards that impose strict liability without requiring proof of prior knowledge of malicious intent. These laws take precedence over general legal rules.

Before we take these dogs on the ultimate criminal walk, let’s examine their possible legal exposure (and leave aside the fact that these owners will effectively have to sue themselves for any liability for their own dogs).

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years ago me discussed A case in Alabama in which a dog ran over its owner with the owner’s own truck, potentially creating a strict liability crime.

Alabama’s Division 3-6-1 does not limit liability to dog bites, but does limit liability for injuries caused by a dog. The state has a hybrid law. First, in public areas the law applies a standard of negligence. The latter applies a strict liability approach to the “costs” of any injury caused by a dog. Third, the owner is protected from punitive or civil damages under the common law “one free bite rule” unless he had knowledge of the bad disposition.

An unidentified man got out of his four-door Honda Accord around 7:15 p.m. and fired one shot at “Boots,” a male chocolate lab mix who was limp at the time. The dog was shot in the nose, according to the Palm Beach Sheriff’s Office. (Palm Beach Sheriff’s Office)

This appeared to be a negligent claim at best, as this was the dog’s first vehicular attack and the incident occurred in a public area. However, it was clear that the owner had no intention of pursuing litigation against his own dog, and emergency lawyers tended not to work for the biscuit.

DEPUTY FIRE CHIEF’S DOG ESCAPE WITHOUT HARM AFTER CHEWING A LITHIUM-ION BATTERY AND STARTED A FIRE IN THE HOUSE

Similarly, a dog in Maine was accused of driving into a lake after his owner put him in his truck as a break after a fight with another dog. The good news is that Maine is a strict liability state, regardless of prior knowledge of the animal’s evil tendencies.

The law applies when “a dog causes injury to a person who was not on the owner’s or handler’s property at the time of the injury.” The truck is the property of the owner but is not generally considered part of the property. But, Maine Revised Statutes Title 7, Chapter 3961 It means that the owner is responsible, not the dog. Since this was the owner’s own truck, he was left with a sunken truck and a grinning dog.

Now let’s move on to gun dog cases. This not the first drive-by (or jump shot) by the owner’s dog. But dogs are almost incapable of judging. After thousands of years of evolution, they developed: disarming long facial gaze This would melt any jury. As a result, they can mow down people with impunity, and police officers continue to rub their stomachs while the coroner rounds up the previous owners.

Dog Shot Its Owner After Jumping On His Bed During Gun Cleaning Accident At Home In Pennsylvania

Consider the latest incident in Berks County, Pennsylvania; A 53-year-old man briefly left his shotgun on his bed while cleaning it. His dog then jumped on the bed and shot his owner in the back.

Police do not appear to be treating this incident as a possible attempted murder. There is no attempt to determine whether this was a crime of passion due to rejection of belly rubs or chew toys.

“Frannie” the dog never breaks the law. You can just say it. (Missouri Humane Society)

This leaves legal liability. In Pennsylvania, the state has a hybrid system. If someone is attacked or bitten by a dog, the owner is responsible for all medical expenses. However, for costs or damages other than medical expenses, you still need to prove negligence.

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It is noteworthy, however, that the rule applies not just to a bite, but to any attack, including possibly being hit by an armed dog.

However, the dog is not a defendant who can pay damages (and the owner will sue himself). Thus, the dog is likely to avoid serious punishment. In fact, once the dog learns how to use the shotgun, he may find his owner a little more forthcoming with treats in the future.

Also in North Carolina is Chapel Hill Fire Department Deputy Chief David Sasser’s dog, Colton, who reportedly “counter-surfed” and found a lithium battery. He proceeded to chew on the battery and then placed it on the living room carpet, causing a fire.

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Colton sparked a small house fire in Chapel Hill, NC (Chapel Hill Fire Department/Facebook)

Just like the Pennsylvania police, the solution is ready for the dog, too. The fire department immediately issued a statement saying “Colton was a good kid” and excused his behavior. There were no allegations that Colton was a dog arsonist.

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Luckily for Colton, North Carolina is a bite-sized state. You are strictly responsible for a known dangerous or abusive dog. It is also noteworthy, however, that strict liability applies not only to dog bites but to “any injury or property damage.” Setting fire to houses appears to fall within the legal definition of harm caused by dogs.

By the way, North Carolina still has laws on the book for things like: “I let the bitch run free” And “Failing to kill a rabid dog“).

It’s unclear if this is the first arson incident linked to Colton, but his claim that he’s a “good kid” suggests his record is clean.

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Both of these latest cases raise concerns about whether local police and fire officials are taking action for these dogs. However, from a legal perspective, these seem obvious. Probably, if these are cats, suspicions will increase even more. Cat crimes are thought to be intentional.

I am an unabashed dog lover and am willing to serve as a defense attorney for any accused dog, big or small. But Groucho Marx had one strict rule about dogs: “Aside from the dog, the book is man’s best friend. The inside of the dog is too dark to read.”

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