• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Frequently unleashed dog - PA

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Bethy

Member
What is the name of your state (only U.S. law)? PA
I live in a townhouse next to a single male in his 30's. He has regular annoyances which I will set aside and stick with his dog. This owner does not walk his dog, has been sited by Board of health numerous times for his back deck being a mine field of dog poop (which he throws onto common ground or neighbors yard....) but I digress. This type dog (Staffashire or Pittie) NEEDS to be walked and get his energy out. He is good with people but does not like other dogs.

The owner has lived there for 6 years and "spot" gets out frequent. If there's no dogs in sight, great, but if not, there have been numerous attacks/charges. About 1/2 of them, the owner gets to in time....the others are split between the owner being able to pick the dog up, the owner being able to get behind someone's gate in time, or the dog physically attacks. My 20 pound 'toto' almost got killed 2 years ago in my garage from this dog as he lifted him from the neck ready to "flip" him. If my dog wasn't a scrappy fighter and another guy running to help pull him off, my dog would've been dead. Still $1000 vet bill (which was reimbursed over the next few months) but has made my dog go on the offensive at most other dogs now. My dog has been the bulk of the charges mainly due to living next door. The homeowners assoc. can fine him for every time the dog is off leash, but that's it. The police have been involved a number of times and it was listed once as "spot" having bit me. Personally, I think it was my dog that bit me while trying to "protect" me while I was picking him above my head but it's a blur.

I've been told (by the police) that there is a 2 bite rule in PA, but it's a 2 bite to a PERSON, not another animal. Does anyone know if I can sue him if he attacks again or if I have to wait until something worse happens (a person gets bit, even by accident?). I have another "special needs" older rescue which I cannot pick up and he can only move slowly which thankfully has not been charged at yet, but I've lost my patience with this irresponsible owner.
 


justalayman

Senior Member
I've been told (by the police) that there is a 2 bite rule in PA, but it's a 2 bite to a PERSON, not another animal. Does anyone know if I can sue him if he attacks again or if I have to wait until something worse happens (a person gets bit, even by accident?). I have another "special needs" older rescue which I cannot pick up and he can only move slowly which thankfully has not been charged at yet, but I've lost my patience with this irresponsible owner.
You apparently have some really old cops:


However, as a response to Eritano, (which was argued in 1996 and decided in 1997), the*
Legislature issued the 1996 amendments to the dog laws, including the act regarding*
dangerous dogs.45 These amendments made it clear to the courts that it was not the*
legislature’s intention to allow this “first bite” exception. The abolition of the “one bite*
rule” occurred in the case of Commonwealth v. Hake.
46
Regardless, none of that really matters. It is just plain illegal to allow your dog to run loose. The damages caused by such an action are the owners liability. The fact it happens regularly shows gross negligence on the part of the owner. Actions can be taken against the owner if the authorities so choose. Apparently they are not inclined to do so for whatever reason.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top