A party seeking to recover money for a dog bite claim may inquire: who will decide my case, if it’s not settled? Will it be a judge or jury? The answer is, it depends.
Only, the first questions is: what’s the benefit of a jury trial, anyway?
Advantage of a Trial By Jury Over a “Bench Trial” (or Judge, only)
Judges are people too.
Everyone has a bias, including judges. Some favor plaintiffs (seeking a recovery for injuries) and some come from a defense background, before becoming a judge.
We’ve all heard the expression: “a trial by one’s peers,” which sounds fair… because it is. When it comes to picking a jury, a lawyer can strike a given juror for any reason, subjectively, but only four times. Let’s say you’re a woman bitten by a dog, and you want a jury of women, who you think will be more sympathetic toward your case. So, as the jury selection proceeds, you move to strike every man considered for the jury. You’re allowed to do this, it’s called a “peremptory challenge,” allowing you to strike a juror for any reason, but you only get four of those.
But when it comes to striking a juror for cause, you get an unlimited number of strikes, if some characteristic makes the juror unable to decide the case fairly. An example would be, he thinks people should never sue for civil damages.
A Fair Jury Pool
The pool of available jurors to serve on a jury must reflect the general population of the county or area of the state where the case is being tried.
In Pennsylvania, §4501sets forth the policy of this Commonwealth:
It is the policy of this Commonwealth that:
(1) All persons entitled to a jury trial in a civil action or criminal proceeding shall have the right to jurors selected at random from a representative cross section of the eligible population of the county.
The key words above are highlighted, as this policy only applies in cases where the person is entitled to a jury trial.
Right to Have Jurors Decide a Case
In reality, in PA, there’s no absolute right to trial by jury in PA to pursue animal attack injuries. For example, the federal Constitution fails to establish any such right. The same goes for the PA’s state-level constitution. Still, a party seeking a monetary recovery for a dog bite will generally have the right to trial by jury — in most instances, if timely requested and not waived.
There are three instances where you can waive the right to trial by jury to decide your animal attack claim.
1. Waiver by Electing Arbitration (Outside of the Courts)
You can waive the right to a jury trial easily: by signing a binding agreement that forces you to resolve your disputes through arbitration, outside of the judicial system. How could this come about. Many ways, including:
- You get injured by another person’s dog, dropping your own dog off at a kennel. Your contract with the kennel can ask you to waive rights to sue the kennel or other dog owners.
- You attend a private dog-walking park, such that attendees agree in writing not to sue each other or, if a suit is to occur, it must be a bench (judge) trial, not a jury trial.
Overall, these situations are rare. However, it’s always a good idea to appreciate whether your activity could be governed by a contact of any kind. Do this before filing suit. Give your lawyer time to review any contract that could limit your rights.
2. Bringing Suit on the Small Claims Court or Arbitration Docket
When you bring suit on the small claims court (seeking 12K or less) or arbitration docket (seeking 50K or less in Allegheny County, for example), you’re agreeing to waive a jury trial. That said, you can ultimately appeal to receive a trial by jury. Only, it could take several more months, if not requested from the beginning.
3. Waiver in Court
Let’s say you sue on the general docket, which allows you to seek a jury trial immediately. Only, you waive the right to trial by jury if not timely requested in your Complaint. Pennsylvania Rule of Civil Procedure 1007.1 provides:
Jury Trial. Demand. Waiver.
(a) Demand. In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial not later than twenty days after service of the last permissible pleading. The demand shall be made by endorsement on a pleading or by a separate writing.
This means, if the Defendant replies to your Complaint with an Answer, you have twenty days from the filing of the Answer to request a jury. After that, you waive the right to trial by jury.
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