Dog Owner Liable: Canine Knocks Over and Drags Dog Walker
As you might expect, in Pennsylvania, the negligent owner of a dangerous dog can be liable for failing to control the animal or warn others of its dangerous propensities. You’re thinking – dog bite, right? Nope. Liability can exist absent a bite, scratch, or any contact whatsoever with the injured party.
And yes, the negligent dog owner can be liable for the injuries.
In Marie Sonnie v. Kia West, Philadelphia, CP 220-801-955, as reported, Plaintiff Mary Sonnie, 68, a hospice nurse, had just walked a 70-pound Rottweiler-pit bull terrier mix owned by Kia West. Then, Ms. Sonnie was standing on West’s porch, possibly still holding the leash with West present. Then suddenly, West’s dog ran toward another dog and knocked Ms. Sonnie to the ground, dragging her in the process. As a result, Sonnie claimed foot fractures and other injuries.
Dog Owner Liability in Pennsylvania Absent a Bite
In Pennsylvania, dog owner liability can exist absent a bite. For example, in McCloud v. McLaughlin, 837 A.2d 541 (Pa. Super. Ct. 2003), the Defendant’s dog had merely jumped up on the Plaintiff, injuring her, absent a bite or scratch. “While the dog did not bite Mrs. McCloud, the force of the dog’s jump knocked her down and caused multiple fractures of her left wrist as well as injuries to her shoulder and face.” There, the jury verdict in favor of the Plaintiff withstood objection on appeal.
Resolution of Marie Sonnie v. Kia West
The parties agreed to attend a mediation of Ms. Sonnie’s claims, which included a demand for compensation for:
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- numerous abrasions,
- a displaced fracture of the navicular scaphoid (left foot),
- a non-displaced fracture of the cuboid bone (also the left foot), and
- a rupture of the flexor tendons of the left ankle.
These injuries required surgery and follow-up care for pain management. As reported by the attorney for Ms. Sonnie, West’s dog bite liability insurance carrier agreed to pay $117,500.
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