JONATHAN TURLEY: When the law goes to the dogs

Next time your dog begs for a treat you might want to give it to him In Pennsylvania a dog reportedly wounded his owner with a shotgun left on the bed while in North Carolina a dog was caught on camera setting a house of the assistant fire chief no less on fire with a damaged lithium battery Since I just finished teaching my torts students about animal liability and strict liability for dog bites these cases offer a teachable moment for humans and canines alike Dog bite cases have long been a mainstay of torts even including fresh incidents involving the Biden family at the White House However what about canine attacks using weapons The common law imposes strict liability for dogs if the owner knew or should have known of the animal s vicious propensity Sometimes called the one-free bite rule past evidence of vicious propensity like a bite can be enough to trigger strict liability Other states are moving to a general strict liability rule Several have established statutory standards that impose strict liability without requiring proof of prior knowledge of the vicious propensity These laws preempt the common law rule Before we take these dogs out for the ultimate perp walk let's explore their feasible legal exposure and putting aside the fact that these owners would have to effectively sue themselves for any liability of their own dogs DANA PERINO OUR DOGS REMIND US OF LIFE'S SWEETEST TRUTHYears ago I discussed a episode in Alabama where a dog ran over its owner with the owner's own truck potentially constituting a strict liability offense Alabama s Section - - does not limit liability to dog bites but any injury by a dog The state has a hybrid law First in society areas the law applies a negligence standard Second it applies a strict liability approach to the costs of any injury caused by a dog Third the owner is protected from punitive or statutory damages absent knowledge of the vicious propensity as under the common law one free bite rule Since this was the dog's first vehicular attack and the matter occurred in a citizens area he was looking at the bulk a negligent claim However the owner was clearly not inclined to pursue the claim against his own dog and contingency lawyers tend not to work for biscuits ASSISTANT FIRE CHIEF'S DOG ESCAPES UNHARMED AFTER CHEWING ON LITHIUM-ION BATTERY SPARKING HOUSE FIRELikewise in Maine a dog was accused of driving a car into a lake after his owner put him in his truck as a time-out after fighting with another dog The good news is that Maine is a strict liability state regardless of any prior knowledge of the vicious propensities of the animal The law applies when a dog injures a person who is not on the owner's or keeper's premises at the time of the injury A truck is an owner's property but not generally considered part of the premises However Maine Revised Statutes Title Section refers to the owner being liable not the dog Since this was the owner's own truck he was left with a submerged truck and a smirking canine Now to the armed canine cases This is not the first drive-by or jump-on shooting by a dog of its owner Yet dogs are virtually verdict-proof After thousands of years of evolution they have developed that disarming long-face look that melts any jury The end is that they can mow down humans with impunity and police officers will be left rubbing their stomachs as the coroner packs away their prior owner DOG SHOOTS OWNER AFTER JUMPING ON BED DURING GUN CLEANING ACCIDENT IN PENNSYLVANIA HOMETake the last circumstance in Berks County Pennsylvania where a -year-old man was cleaning his shotgun and briefly left it on his bed His dog then jumped on the bed and shot his owner in the back The police do not appear to be treating this as a attainable attempted homicide There is no effort to determine if this was a heat-of-passion crime due to the denial of belly rubs or chew toys That leaves civil liability In Pennsylvania the state has a hybrid system If someone is attacked or bitten by a dog the owner is liable for all medical-related costs However for costs or damages other than health expenses you must still prove negligence DOGS TREATED LIKE FAMILY IN MAJOR AMERICAN CITY NOW FACE CANINE CANCEL CULTURENotably however the rule applies not just to a bite but any attack presumably including being gunned down by an armed canine Nevertheless the dog is hardly a deep-bowl defendant capable of paying damages and the owner would be suing himself Thus the dog is likely to escape any serious penalty Indeed after learning how to use a shotgun the dog may find the owner a bit more forthcoming with the treats in the future Then there is the pooch in North Carolina where Chapel Hill Fire Department Assistant Chief David Sasser's dog Colton reportedly counter surfed and detected a lithium battery He proceeded to chew on the battery and then placed it on the living room rug sparking a fire MAN CONFRONTS WOMAN OVER LARGE DOG IN FAST-FOOD RESTAURANT SPARKING ONLINE DEBATEColton sparks small house fire in Chapel Hill N C Chapel Hill Fire Department Facebook Much like the Pennsylvania police the fix is in for the dog The fire department instantly posted a comment that Colton is a good boy and excused his conduct There was no suggestion that Colton was a canine arsonist CLICK HERE FOR MORE FOX NEWS OPINIONFortunately for Colton North Carolina is a one-free-bite state You are strictly liable for a known dangerous or vicious dog Notably however the strict liability is for any injuries or property damage and not just dog bites Torching homes would appear to be within the statutory definition of dog-related damage By the way North Carolina also has laws still on the book on issues like Permitting bitch at large and Failing to kill mad dog It is unclear whether this is the first arson case connected to Colton but the claim that he is a good boy suggests that his record is clean Both of these the bulk latest cases raise concerns over whether local police and fire administrators are rolling over for these dogs However legally they appear to be in the clear Presumably suspicions would be greater if these were cats Feline offenses are treated as presumptively intentional I am an unabashed dog lover and willing to serve as defense counsel for any accused canine great or small However Groucho Marx had the only iron-clad rule about dogs Outside of a dog a book is man's best friend Inside of a dog it's too dark to read CLICK HERE TO READ MORE FROM JONATHAN TURLEY