Peacock Tales
Volume 18, Number 4 · October 2008Is 'Man's Best Friend' a Liability?
A dog's behavior could have both civil and criminal consequences
by In today's litigation-happy society, dog-bite lawsuits are becoming more and more common. Pennsylvania is no exception. Along with property disputes, landlord-tenant actions, and construction litigation, dog bite cases are among the most frequently filed lawsuits in Pennsylvania.
Generally, the state's case law is favorable for dog owners - at least the first time around. Pennsylvania employs the "free first bite" rule. Under this long-standing rule, an owner can be held liable for injuries caused by his dog only if he has knowledge that the dog previously displayed "dangerous propensities." If a dog bites someone but has never bitten anyone in the past, that first bite is "free" and the owner cannot be held civilly liable for the injures caused.
However, dog owners should not feel too secure. Some courts may take a broad view of what constitutes "dangerous propensities." If the dog in question had shown aggressive behavior in the past, but had always fallen short of biting until the incident in question, the court may nevertheless find that the dog had a history of dangerous behavior. If the court further finds that the owner was aware of those propensities, civil liability could attach, even for the first bite.
Even if the first bite is indeed "free," owners may be hard-pressed to agree if they have to pay their own costs in defending against a lawsuit. The insurance industry is not blind to the commonality of dog-bite lawsuits. Many homeowners' policies exclude coverage for injuries caused by certain dog breeds with reputations for aggression, such as rottweilers or pit bulls. An owner's insurance company may not provide legal representation, leaving the owner to find an attorney and pay the costs from his own wallet. No litigation is cheap. Regardless of whether the lawsuit is filed at the magistrate's level or the Court of Common Pleas, it will be a costly endeavor for the uninsured owner.
If the owner's insurance company does provide coverage, owners may still be on the financial hook if their policies are inadequate. Serious dog bites can leave victims permanently scarred or disfigured. A related lawsuit may result in an expensive pay-day. If an owner is found liable and his insurance coverage cannot fully cover the award to the victim, the owner will be responsible for any amount that exceeds his policy's limit. Minimal coverage could entail significant financial exposure.
Additionally, the aftermath of a lawsuit may have a costly effect on an owner's continued insurance coverage. The company may increase the policy's premium to continue coverage for dog-related injuries. The increased premium may be costly. Alternatively, the insurance company may revise the policy and flatly exclude coverage for dog bites going forward, leaving the owner financially exposed in any future incidents. The owner could seek coverage through another company, but may have to disclose the prior history, making obtaining alternative coverage difficult, if not impossible.
Finally, dog owners should be aware that injuries caused by their dogs could have criminal consequences as well. Pennsylvania has laws that can impose criminal penalties and fines upon dog owners. A court may impose criminal liability on an owner for harboring a dangerous dog if it caused serious injury without provocation to a person or a domestic animal. Criminal sanctions could result in the owner's loss of his dog, including euthanasia of the dog.
The bottom line is, man's best friend could take a substantial bite from its owner's wallet by taking a bite out of someone. A dog's behavior could have both civil and criminal consequences. Owners should take necessary precautions to protect themselves, their dogs, and others.