With many planning summer travel — and considering a kennel for their dog — our Pittsburgh lawyers describe the duties and liabilities of kennels or dog walkers utilized when you’re away. But let’s say your dog is attacked at the kennel, or you are bitten by a dog at the kennel when dropping off or picking up your dog.
First of all, what are the kennel’s responsibilities? The kennel owner or operator is harboring your dog while you’re away, so it has all the responsibilities that everyone has, under PA’s Dog Bite Law. This is because the law applies to not just owners, but anyone who harbors a dog.
By definition, a kennels harbor every dog in their possession, for others, while they are unavailable. The same duties apply to shelters, such as Animal Friends, which has duties under the law to (1) keep animals under reasonable control, and (2) keep dogs with knowable dangerous propensities away from people or other animals.
Additional Duties
The law in Pennsylvania imposes additional duties on kennels. Plus, in PA, violation of a law — designed to promote safety — can establish a claim for negligence. See 34 Pa.C.S.A. § 2381. (“the Act”). This is called negligence per se. For example, the health and safety of animals requires an environment of cleanliness for the animal. A clean area also helps prevent animals from becoming sick and therefore aggressive. Thus, § 459-207. (Requirements for kennels), provides:
(b) Maintenance of kennels.–All kennels shall be maintained in a sanitary and humane condition in accordance with standards and sanitary codes promulgated by the secretary through regulations.
Thus, if any injury occurs either to a dog at a kennel or from a dog harbored at a kennel, expect the personal injury attorney start his investigation in one place. Namely, by simply looking at the cleanliness of the kennel, or lack thereof.
Kennel Licensing
By statute, “[i]t shall be unlawful for kennels described under section 206 to operate without first obtaining a kennel license from the department.” See § 459-207. Requirements for kennels, (a)(1). Further, it is no defense to a civil or criminal claim that the kennel had maintained a license. Specifically, the statute provides: “It shall be no defense to any civil penalty or criminal prosecution under this act that a person operating a kennel failed to properly obtain the appropriate license.” See § 459-207, (a)(4). Likewise, the kennel must submit to inspections by the Commonwealth of Pennsylvania. § 459-207, (a)(2).
Penalties Related to Dog Kennel Licensing
Pennsylvania imposes hard penalties, under civil law, statutory penalties.
(a.2) Civil penalties and remedies.–The following shall apply to civil penalties and remedies for unlicensed kennels:
(1) In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this act or a rule or regulation adopted or order issued under this act, the secretary may assess a civil penalty. This is in addition to any penalty under section 903(c), against an unlicensed kennel of not less than $500 nor more than $1,000 for each day it operates in violation of this act. The penalty shall be premised on the three things. One, the gravity and willfulness of the violation. Secondly, the potential harm to the health and safety of the animals and the public. And third, previous violations and the economic benefit to the violator for failing to comply with this act.
Dog Kennel Defenses
Dog kennels enjoy the usual defenses to any dog bite claim. For example, it is a defense to liability if the kennel had not been warned about a dog’s dangerous propensity. Likewise, a kennel may defend on the grounds that it took reasonable steps to make the area safe. Moreover, it is also a defense if the injured party had antagonized the canine, making it become aggressive.
Liability on the Part of a the Dog Owner for the Dog’s Kennel-Conduct
A jury may find a dog owner liable for the dog’s attack in a kennel, if the owner knew of a prior dangerous propensity but failed to warn the kennel or the injured victim. Likewise, liability can also attach for failing to care for the dog, or causing it to be sick and prone to aggression.
Claims by Dog Kennel Employee – Workers’ Compensation
The employee of a dog kennel or shelter bitten in the scope of her employment has certain rights to workers compensation. However, there are also limits. Contact us for more details. The employee bitten on the job can also bring a claim against the dog owner (in addition to workers’ comp), for failing to disclose a known dangerous propensity of the dog, in identifying the animal’s health history, to see what might be causing the dog stress.
Free Consultation
Contact a Pittsburgh lawyer at our firm for a free consultation. Our PA attorneys will speak with you in person or over the phone. There is no obligation to utilize the service of our lawyers for a dog bite claim or defense.