JONATHAN TURLEY: When the law goes to the dogs
Dr. Robin Ganzert and Faye Okert join ‘Fox & Friends Weekend’ to share how Sergeant Bo was chosen as the Humane Society’s 2025 Hero Dog for his work as a therapy dog helping students impacted by the Covenant School shooting.
Next time your dog begs for a treat, you might want to give it to him. In Pennsylvania, a dog reportedly wounded his owner with a shotgun left on the bed, while in North Carolina, a dog was caught on camera setting a house (of the assistant fire chief no less) on fire with a damaged lithium battery. Since I just finished teaching my torts students about animal liability (and strict liability for dog bites), these cases offer a teachable moment for humans and canines alike.
Dog bite cases have long been a mainstay of torts, even including recent incidents involving the Biden family at the White House. However, what about canine attacks using weapons?
Dogs may get in trouble, but it usually isn't a matter for the courts. (Getty Images)
The common law imposes strict liability for dogs if the owner knew or should have known of the animal’s vicious propensity. Sometimes called the "one-free bite rule," past evidence of vicious propensity like a bite can be enough to trigger strict liability. Other states are moving to a general strict liability rule. Many have established statutory standards that impose strict liability without requiring proof of prior knowledge of the vicious propensity. These laws preempt the common law rule.
Before we take these dogs out for the ultimate perp walk, let's explore their possible legal exposure (and putting aside the fact that these owners would have to effectively sue themselves for any liability of their own dogs).
DANA PERINO: OUR DOGS REMIND US OF LIFE'S SWEETEST TRUTH
Years ago, I discussed a case in Alabama where a dog ran over its owner with the owner's own truck, potentially constituting a strict liability offense.
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