JONATHAN TURLEY: When the law goes to the dogs

A Pennsylvania dog shot its owner with a shotgun and a North Carolina dog started a house fire, raising questions about strict liability laws for canine-caused injuries.

Jonathan Turley is a Fox News Media contributor and the Shapiro Professor of Public Interest Law at George Washington University. He is the author of "The Indispensable Right: Free Speech in an Age of Rage" (Simon & Schuster, June 18, 2024).

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).