When these Pittsburgh Dog Bite attorneys were in law school, we were taught no dog bite legal history. Just the current state of the law, nationally. Hence, in PA, we thought that “strict liability” for dog bites exists everywhere. Only, that’s not true in Pennsylvania. Strict liability is the law in many states. In fact, many states have strict liability for dog bites — such that the injured party need not prove negligence. New Jersey is one such example. Pennsylvania, by contrast, requires proof of negligence to advance a dog bite claim in many instances.
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Why the difference between the states?
To understand why PA has a negligence standard and New Jersey does not, you have to look at the history of each state. New Jersey has a relatively high population density. It also has a close proximity to New York City, allowing New Jersey residents to take part in the industrial revolution. New Jersey’s soil type was not conducive to farming, fueling the participation in industry for sustenance.
Pennsylvanias, by contrast, traditionally made a living from growing their own crops and livestock. Dogs played a vital role in herding animals and protecting the farmers and their families. The political science definition of “government” is the allocation of values. The Commonwealth of Pennsylvania opted against strict liability for dog owners
What’s more, over the years, Pennsylvania added an additional hurdle to proving negligence against a dog owner. The “one free bite” rule emerged, such that the owner of a dog could not be liable even his dog had been known to be aggressive. Rather, the dog was entitled to “one free bite,” before the owner could be liable.
This was the law in Pennsylvania for decades
Over time, Pennsylvania did away with the “one free bite” rule. Now, the owner of a dog is liable for his careless in controlling the dog, based on foreseeable danger. Click here for the current state of the law.
Contact a Pittsburgh lawyer at our dog bite firm for a no-obligation consultation.
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