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    Perkasie, Pennsylvania 18944
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PA DOG WARDENS

Failure to Confine – Jury Issue

Posted on: November 28th, 2013  padog

In Bedford County, a woman was riding a moped and fell after she alleged that a neighbor’s dog had chased her causing her to lose her balance.  The defendant dog owner’s lawyer filed a Motion for Summary Judgment claiming that her dog never left their property.

The Bradford County Court of Common Pleas granted the dog owner’s motion and dismissed the dog attack victim’s case.  In Liles v. Balmer, 567 A.2d 691 (Pa. Super. 1989), the Superior Court of Pennsylvania overruled the trial court and found that the issue of the location of the defendant’s dog was in dispute and that the victim “must be given an opportunity to prove her case at trial.”  Id. at 693.