According to the Opinion, the Defendant pet-sitting company was walking an owner’s pitbull when the dog bit the Plaintiff’s daughter, who had asked to pet the dog. The trial court had granted summary judgment in favor of the pet-sitting Defendants after finding that there was no evidence from which it could be inferred that the company had any knowledge of the dog’s dangerous propensities.
The Superior Court disagreed and found that there was sufficient evidence to reasonable infer that the pet-sitting Defendants were aware of the dog’s dangerous propensities. In so ruling, the Superior Court initially noted the law that a dangerous propensities in a dog was not limited to viciousness but, more generally, to a propensity for the dog to injure a person, whether the dog’s attack was motivated by viciousness or playfulness.
In this matter, the court noted that the owner of the dog had filled out a form for the pet-sitting Defendant in which the owner advised that the dog be walked with a muzzle and not be walked down routes where the dog would encounter other dogs or children. The dog did not have a muzzle on at the time of the incident and the pet-sitting company allowed the child to approach the dog at the time of the incident.
As such, the entry of summary judgment by the trial court
was reversed.
The court in Franciscus
went on to note that, given that it had already resolved the issue before it,
it did not need to reach the issue of whether or the trial court erred in
refusing to take judicial notice of the dangerous propensities of pitbulls in
general. The Superior Court did note
that Pennsylvania law did not distinguish between breeds of dog as having any
particular dangerous propensities per se.
The court noted that, under Pennsylvania law, the breed of dog involved
typically only comes into play after it is established that the dog at issue
had already exhibited dangerous behavior.
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