PROTECTION AGAINST DANGEROUS DOGS

Tucked away in Pennsylvania's agriculture statutes is the Dog Law. In addition to specific provisions regarding dog tags and licenses, the confining of dogs in heat, and the general regulation of kennels, the Dog Law provides a procedure to declare a dog dangerous.

Any person who has been attacked by a dog or whose domestic animals have been killed or injured by a dog without provocation may begin an action to declare the dog dangerous. The action may also be brought by a dog warden or local police officer. The case is heard and the determination is made by a local district justice. A dog may be declared dangerous based on the dog's history, which must include at least one of the following: (a) infliction of severe injury on a human being without provocation, (b) killing or severely injuring a domestic animal without provocation, (c) biting or pursuing a human without provocation, or (d) being used in the commission of a crime.

If a dog is determined by a district justice to be dangerous, its owner must have a proper enclosure to confine the dog and must post his or her premises warning of the presence of a dangerous dog. The warning sign must include a symbol designed to inform children of the danger posed by the dog. Where the owner of a dangerous dog is a minor, the minor's parents are liable for the dog's conduct and must comply with the duties imposed on the owners of dangerous dogs. In addition to properly confining the dog, the owner of a certified dangerous dog must post a $50,000 bond or provide the Commonwealth with on-going confirmation of adequate insurance for at least $50,000. Owners of certified dangerous dogs must notify authorities within 24 hours if the dog is loose, unconfined, dead, sold, or donated, or if the dog has attacked a person or domestic animal. A dangerous dog may not be outside its enclosure unless muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person.

When a certified dangerous dog attacks a person or domestic animal, its owner may be convicted of a misdemeanor. The owner of any dog who intentionally, recklessly, or negligently permits the dog to aggressively attack and cause severe injury or death to another person is guilty of a misdemeanor of the first degree. In addition, the dog shall be immediately confiscated by a state dog warden or a police officer, placed in quarantine for the proper length of time, and thereafter humanely killed in an expeditious manner, with the costs of quarantine and destruction to be paid by the dog's owner.

A dog may not be declared dangerous if the injured victim was a trespasser on private property, was tormenting, abusing, or assaulting the dog, or was committing a crime when attacked. The Dog Law forbids townships and cities from banning any specific breeds of dogs and prohibits insurance companies from denying coverage for specific breeds. Townships and cities may enact ordinances that prohibit dog owners from permitting their dogs to run freely. These ordinances are sometimes referred to as "leash laws."

It is unlawful to poison a dog or to leave poison in any place, even on your own premises, where it may be easily found and eaten by dogs. If you feel threatened by a dangerous dog, give the dog's owner written notice of your concerns. Consider commencing an action under the Dog Law. Even if the dog's conduct does not meet the standard for dangerous dogs, its owner may still be responsible for injuries caused by the dog. Putting the owner on notice of your concerns is the first step to proving that he or she knew or should have known of the dog's dangerous tendencies.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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