In 1982, the Pennsylvania Superior Court published a groundbreaking case which finally tied together negligence and the PA Dog Law. Miller v. Hurst, 448 A.2d 614 (Pa.Super. 1982). A negligent dog owner let his German Shepherd run loose in the neighborhood. The German Shepherd approached 3 boys who were playing in another yard. As a 6 year old boy went to pet the dog, it bit and tore open the boy’s cheek.
There was no proof of prior vicious propensities and, therefore, the Lebanon County Trial Judge granted a non-suit in favor of the negligent dog owner. The PA Superior Court reversed the lower court ruling and permitted the boy’s lawsuit to go forward. “Pennsylvania can no longer permit dogs to run free without imposing responsibility upon their owners for damages caused to persons or property by such roving dogs.”
