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

Next time your dog asks for a treat, you may want to give it to him. In PennsylvaniaA dog reportedly injured its owner with a gun left on the bed, while in North Carolina, a dog was caught on camera setting a house on fire (an assistant fire chief, no less) with a damaged lithium battery. Since I just finished teaching my students about tort liability (and strict liability for dog bites), these cases provide a teachable moment for humans and canines alike.

Dog bite cases have long been a mainstay for damages, even including recent incidents involving dog bites The Biden family in the White House. But what about dog attacks using weapons?

Dogs can get into trouble, but it’s usually not the courts. (Getty Images)

Common law imposes strict liability on dogs if the owner knew or should have known of the animal’s vicious propensity. Sometimes called the “free sting rule,” prior evidence of malicious propensity such as a sting may be enough to trigger strict liability. Other countries are moving toward a general strict liability rule. Many have established legal standards that impose strict liability without the need to prove prior knowledge of malicious intent. These laws preempt the rule of common law.

Before we finally take these dogs out for a walk, let’s explore their potential legal exposure (and put aside the fact that these owners would have to effectively sue themselves for any liability their dogs have).

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Years ago, I… discussion condition In Alabama Where a dog ran over its owner with the owner’s private truck, which may constitute a strict liability crime.

Alabama section 3-6-1 It does not limit liability for dog bites but any injury by a dog. The state has a hybrid law. First, in public places, the law applies the standard of negligence. Second, the strict liability approach applies to the “costs” of any injury caused by a dog. Third, the owner is protected from punitive or statutory damages absent knowledge of the malicious tendency, as is the case under the common law “one free bite rule.”

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

Since this was the dog’s first vehicular attack and the incident occurred in a public area, the claim of negligence was likely to be considered. However, the owner was clearly not inclined to pursue a claim against his dog, and emergency lawyers tend not to be in the biscuit business.

Fire chief’s assistant dog escapes unharmed after chewing through lithium-ion battery, sparking house fire

In the same way, In MaineA dog has been accused of driving a vehicle into a lake after his owner put him in his truck as a time-out following a fight with another dog. The good news is that Maine is a strict liability state Regardless of any prior knowledge of the animal’s evil tendencies.

The law applies when a dog “injures a person who is not present in the home of the owner or guard at the time of the injury.” The truck is the owner’s property, but is not generally considered part of the building. but, Maine Revised Statutes, Title 7, Section 3961 Indicates that the owner is responsible, not the dog. Since this was the owner’s private truck, he was left with a submerged truck and a smiling canine.

Now on to Armed dogs Cases. This is it It’s not the first drive-by (or jump) shooting. By his owner’s dog. However, dogs are almost resistant to judgement. After thousands of years of evolution, they developed this Remove the appearance of a long face That melts any jury. The result is that they can kill humans with impunity, and police officers will be left rubbing their bellies while the coroner fires their previous owner.

A dog shoots his owner after jumping on the bed during a gun cleaning incident in a Pennsylvania home

Take, for example, the recent incident in Berks County, Pennsylvania, where a 53-year-old man was cleaning his gun and briefly left it on his bed. Then his dog jumped on the bed and shot his owner in the back.

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

Franny the dog would never break the law. You can just tell. (Humane Society of Missouri)

This leaves Civil 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-related costs. However, for costs or damages other than medical expenses, you still must prove negligence.

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However, it should be noted that the rule applies not only to bites, but to any attack, including being shot by an armed dog.

However, the dog is not a deep bowl defendant capable of paying damages (and the owner will sue himself). Therefore, the dog is likely to escape any serious punishment. In fact, after learning how to use a gun, a dog may find its owner more willing to handle treats in the future.

Then there’s the dog in North Carolina, where Colton and Chapel Hill Fire Department Assistant Chief David Sasser reportedly “browsed the meter” and found a lithium battery. He proceeded to chew the battery and then place it on the living room carpet, causing the fire to start.

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Colton starts a fire in a small house in Chapel Hill, North Carolina (Chapel Hill Fire Department/Facebook)

As with the Pennsylvania police, the solution lies in the dog. The fire department immediately released a statement saying, “Colton is a good boy” and apologized for his behavior. There was no indication that Colton was a dog arsonist.

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Fortunately, for Colton, North Carolina is a one-bite-free state. You are strictly responsible for a known dangerous or vicious dog. However, it should be noted that strict liability is for “any injuries or property damage” and not just dog bites. Burning down houses seems to fall within the legal definition of Dog-related damages.

By the way, North Carolina also has laws that are still on the book on issues like “Allow the bitch in general“and”Failed to kill a rabid dog“).

It’s not clear if this is the first arson incident linked to Colton, but the claim that he is a “good boy” suggests he has a clean record.

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Both of the latter cases raise concerns about whether this is the case Local police and fire officials They roll for these dogs. However, legally, they seem to be in the clear. Presumably, suspicions would be greater if these were cats. Cat crimes are treated as premeditated.

I am an unabashed dog lover and am willing to serve as a defense attorney for any accused dog, big or small. However, Groucho Marx had one iron rule regarding dogs: “Outside a dog, a book is man’s best friend. Inside a dog, a book is too dark to read.”

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