Dog Misadventures: A Legal Exploration

It’s always a good idea to give your dog a treat when they ask. However, in Pennsylvania, a dog accidentally shot its owner with a shotgun that was carelessly left on a bed. Meanwhile, in North Carolina, another dog was filmed causing a fire in the home of an assistant fire chief due to a chewed-up lithium battery. Coincidentally, I had just been discussing animal liability in class, and these incidents really highlight valuable lessons for both dogs and their owners.

Dog bite cases have been central to tort law for a long time, with significant developments in recent years. But what about when a dog gets involved with weapons?

Common law usually places strict liability on dog owners if there’s prior knowledge of their pet’s aggressive behavior. This is often referred to as the “one free bite rule.” A history of biting could trigger liability without needing additional evidence of a tendency to harm. Interestingly, other states are shifting toward general strict liability rules, with some companies even implementing regulations that don’t require proof of prior knowledge regarding aggressive behavior. These trends could potentially override traditional common law.

Before taking those dogs on what could be a chaotic outing, let’s delve into their possible legal ramifications (and let’s not forget that owners really have to pursue claims against their own pets).

Years ago, I discussed a case in Alabama where a dog ended up driving its owner’s truck into a lake after being put inside as a form of timeout for misbehaving. Fortunately, Alabama recognizes strict liability when it comes to dog-related injuries, regardless of the owner’s prior knowledge of the dog’s tendencies.

This means that if a dog injures someone outside the owner’s property, they could still be held liable. So, even if your truck is yours, it’s generally not considered part of the property for liability purposes, leading to a rather ironic situation for the owner left with a sunk vehicle and a happy pup.

Now, about that armed dog incident—it’s not the first of its kind. After evolving alongside humans for thousands of years, dogs, in some cases, seem to have developed a knack for mischief. Take for example the unfortunate event in Berks County, Pennsylvania, where a 53-year-old man left his shotgun on the bed. His dog jumped on the bed and accidentally shot him in the back.

Police aren’t treating this as a criminal case; it doesn’t seem like there’s an interest in proving intent either, such as whether the dog was upset about not getting enough belly rubs.

In Pennsylvania, if a dog attacks or injures its owner, the owner is responsible for medical expenses resulting from that incident. However, for other damages, proving negligence becomes necessary.

This liability isn’t limited to just bites, but extends to any kind of harm, including those caused by a weapon. But let’s be real—this dog (like most others) is not a likely candidate for a judgment, and owners may just end up being the ones held accountable. I’d imagine a dog that’s learned to utilize a shotgun might be a little more inclined to treat its owner better in the future.

In Chapel Hill, North Carolina, Deputy Chief David Sasser’s dog, Colton, accidentally caused a small fire by chewing on a lithium battery. The local fire department quickly defended the pup, referring to Colton as a “good kid.” Interestingly enough, liability in North Carolina is strict when it comes to dogs known to be dangerous. This covers any injuries, including property damage, which could certainly include starting a fire.

While this may not be Colton’s first incident, it seems his good reputation is intact, and local officials aren’t looking to pursue legal action against him.

Both cases raise questions about accountability and the legal standing of our furry friends. However, it appears that the law could be quite clear on these matters. If a cat were involved, I suspect the approach might shift, seeing as crimes against cats tend to be viewed as intentional.

I hold my ground as a devoted dog lover, willing to advocate for our canine companions, whether they’re big or small. After all, as Groucho Marx wisely noted, “A book is man’s best friend outside of a dog; inside a dog, it’s too dark to read.”