The Fair Share Act in PA – Dog Bites
Our Pittsburgh dog bite lawyers adored something called “joint and several liability.” That was where each Defendant could be liable for the whole verdict, even if 1% at fault!
So let’s say a landlord knowingly allowed his dead beat tenant to harbor a dangerous animal, which attacked the Plaintiff and caused $100,000 of damages to the plaintiff. Let’s also say the jury found the judgment proof tenant 90% at fault, and the landlord only 10% at fault. Only, the tenant is now in jail for other stuff. But under joint and several liability, no problem! The plaintiff could recover the full $100,000 against the landlord!
Thus, the party with the deepest pockets had to pay the full freight.
Then came the Fair Share Act…
Then in 2011, Pennsylvania passed the Fair Share Act, 42 Pa. C.S. § 7102. The so-called “Fair Share Act” generally did away with joint and several liability, absent a few narrow exceptions. This spelled disaster for plaintiff’s unlucky enough to be injured by an insolvent party.
Spencer v. Johnson — New Hope For Dog Bite Victim?
On March 18, 2021, the Pennsylvania Superior Court decided Spencer v. Johnson, 2021 Pa. Super. 48 (Pa. Super. Ct. March 18, 2021). There, in dicta (language not necessarily binding on future cases or having precedential value) that the Fair Share Act will not apply unless the Plaintiff was comparatively negligent. In the matter of Spencer, a person was injured when struck by a vehicle and there were a total of three parties potentially at fault: the driver, his wife, and the company employing the driver. Though not a “dog bite” case, Spencer is identical to the dog bite claim, involving multiple defendants, such as a dog owner and his landlord.
Does Spencer Limit The Fair Share Act?
In the case of Spencer, the jury found in favor of the plaintiff, awarding a $13 million verdict as follows:
(1) defendant driver – 36%;
(2) wife of the driver – 19%; and
(3) the company – 45%.
There, the plaintiff had asked the trial court mold the verdict, as to hold the company (similar the landlord, in the above dog bite example) liable for only 45% of the total verdict. The court granted the motion, molding the verdict, declining to make each “jointly and severally” liable for the massive verdict.
Only, the Plaintiff appealed to the Superior Court…
The Superior Court Weighs In on The Fair Share Act.
Turns out, the superior court believes that the Fair Share Act only applies only where the Plaintiff (himself or herself) is at least partly negligent or contributorily (combatively) negligent. So for the person walking down the street, innocently, who is attacked by a dog, in theory, the Fair Share Act should not apply. As such, each Defendant with at least 1% of fault should be liable for the entire verdict.
Have Other Judges in Other Cases Since Relied on Spencer?
Yes.
Even though Spencer is not binding law (because the opinions about the Fair Share Act was not directly before the Court), one trial judge has relied on the wording of Spencer, deciding “the superior court would rule that joint and several liability applied to all defendants, without limitation, unless the plaintiff had some amount of contributory negligence.” Ace v. Ace, PICS Case No. 23-0085 (C.P. Monroe Jan 12., 2023).
Bottom line: Innocent Plaintiffs Are Likely Not Bound by the Fair Share Act
Thus, for instance, a person simply walking down a public sidewalk cannot be liable for the attack from a dog that approaches him from surprise. Fortunately, the courts are moving to evaluate such issues.
Impact on Future Cases
The analysis provided by the superior court was highly persuasive and important in dog bite cases. In such cases, the Plaintiff just show a lack of provocation of the dog, so nearly every case involves a lack of negligence on the part of the plaintiff, potentially opening the door for good ol’ joint and several liability.
In fact, in many cases, it would have been impossible for the plaintiff to have been at fault, especially when:
- Merely sitting at a social gathering when attacked by someone’s dog;
- Chased down by a dog roaming the streets; or
- Defending one’s own dog from an attacking canine.
- The dog has roamed onto the property of a third party, creating almost strict liability.
Call or Email a Pittsburgh Attorney
Contact a Pittsburgh lawyer with any question about your dog bite injury claim.
412.400.5476