Dog Sitter & Dog Walker Liability for a Dog Bite in PA
When a canine attacks and causes injuries, the dog sitter (watching the dog) or dog walker (walking it) can be liable as the dog's "keeper," as discussed below.
"Dangerous Dog" Law Applies to "Keepers"
When a dog is deemed dangerous, liability can can attach for its attack, even if the dog had been under reasonable control (on a leash, behind a fence, etc.). Liability exists for both the owner and "keeper" of the dog. Here is the exact wording of Pennsylvania's Dog Bite Law relating to criminal liability (which creates civil liability) for "harboring" a dangerous dog:
(a) Summary offense of harboring a dangerous dog.-- Any person who has been attacked by one or more dogs, or anyone on behalf of the person, a person whose domestic animal, dog or cat has been killed or injured without provocation, the State dog warden or the local police officer may file a complaint before a magisterial district judge, charging the owner or keeper of the a dog with harboring a dangerous dog. (Emphasis added).
Thus, the "keeper of the dog" is liable just as the owner, for all harm caused by a dog's knowable prior dangerous propensities, including harm from the failure to warn others of the dangers, even if the dog is under reasonable control.
The lack of reasonable control is an additional form of liability discussed below.
Failure to Keep a Canine Under Reasonable Control
Here is the exact language from 3 Pa. Stat. § 459-305, governing owner and keeper's liability for failing to control a canine:
"(a) Confinement and control.-- It shall be unlawful for the owner or keeper of any dog to fail to keep at all times the dog in any of the following manners:
Thus, even if a dog had not previously appeared "dangerous," liability can attach for the keeper of a canine (a dog walker or dog sitter) for the failure to control the animal or cause it to go running at large. Causing a canine to run at large violates PA law. The dog's keeper should regularly take inventory of what's being done to control the dog:
- Is there a suitable leash (a shorter length in narrow walking paths, for example)?
- Is a proper collar is being utilized correctly, based on (a) the size of the dog, (b) its temperament, and (c) number of dogs being walked?
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Frequently Asked Questions
What are the Dog Walker or Dog Sitter's Defenses to a Bite Claim?
You should speak with a Pittsburgh attorney at our firm to understand more about how each defense may or may not apply.
If the plaintiff's injury results from the dog keeper's failure to exercise reasonable control over the animal, the usual defenses will carry less weight. But if the dog is under reasonable control at the time of the bite, the dog keeper can maintain:
- the dog exhibited no prior dangerous propensity,
- the injured person provoked the dog,
- proper restrain had been utilized,
- the dog bite victim was careless, or comparatively negligent, for improperly stimulating the dog, or
- the injured party ignored warning and/or assumed the risk (but note, ignorance of a "beware of dog" sign will not likely absolve the dog keeper of liability for a bite).
Can the Dog Keeper Evade Liability by Blaming the Dog Owner?
Probably not. The dog walker might think this unfair, especially if she had not previously been of the dog's (1) hidden dangerous propensities or (2) unusual skills at evading control. Still, the keeper of a dog has a duty inquire with the owner about the dog. This creates a question of fact for a jury, as to each Defendant-dog keeper's knowledge, which means no court will likely dismiss the keeper of the dog from a lawsuit, prior to a jury trial.
What Portion of a Dog Bite Claim Must the Keeper Pay, if not the Dog Owner?
Most states have "joint and several liability," which means, if two or more defendants are sued for a dog bite, each can be 100% liable for the entire dog bite judgment, even if only 1% at fault. So for example, let's say the dog walker is walking the owner's dog, a bite occurs, and both dog owner and walker sued for $100,000. The jury finds the dog walker only 1% at fault, only, the 99% responsible dog owner has no assets or insurance: he's a renter with more debt than assets.
There, the injured party could enforce the entire judgment ($100,000 not $1,000) against the dog walker, even though the dog walker was only 1 percent at fault.
Seem unfair?
Pennsylvania tried to do away with joints and several liability. In 2011, Pennsylvania passed into law the Fair Share Act, 42 Pa.C.S. § 7102, which did away with "joint and several liability" in most instance, establishing that each Defendant is only responsible for his proportionate share of the harm.
But then on March 18, 2021, in Spencer v. Johnson, 2021 Pa. Super. 48 (Pa. Super. Ct. March 18, 2021), PA's Superior court implied that the Fair Share Act will not apply unless the Plaintiff was comparatively negligent. A recent case -- Ace v. Ace, PICS Case No. 23-0085 (C.P. Monroe Jan 12., 2023) -- followed Spencer, claiming the superior court would revert to joint and several liability for a dob bite, unless the injured party were at least 1 percent at fault.
The bottom line: get liability insurance, if you are the walker, sitter, or "keeper" for any dog. It's inexpensive.
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