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, 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?
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).
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.
Alabama’s Section 3-6-1, does not limit liability to dog bites but any injury by a dog. The state has a hybrid law. First, in public areas, the law applies a negligence standard. Second, it applies a strict liability approach to the “costs” of any injury caused by a dog. Third, the owner is protected from punitive or statutory damages absent knowledge of the vicious propensity, as under the common law “one free bite rule.”
Since this was the dog’s first vehicular attack and the incident occurred in a public area, he was looking at most a negligent claim. However, the owner was clearly not inclined to pursue the claim against his own dog and contingency lawyers tend not to work for biscuits.
Likewise, in Maine, a dog was accused of driving a vehicle into a lake after his owner put him in his truck as a time-out after fighting with another dog. The good news is that Maine is a strict liability state regardless of any prior knowledge of the vicious propensities of the animal.
The law applies when “a dog injures a person who is not on the owner’s or keeper’s premises at the time of the injury.” A truck is an owner’s property, but not generally considered part of the premises. However, Maine Revised Statutes Title 7, Section 3961 refers to the owner being liable, not the dog. Since this was the owner’s own truck, he was left with a submerged truck and a smirking canine.
Now to the armed canine cases. This is not the first drive-by (or jump-on) shooting by a dog of its owner. Yet, dogs are virtually verdict-proof. After thousands of years of evolution, they have developed that disarming long-face look that melts any jury. The result is that they can mow down humans with impunity and police officers will be left rubbing their stomachs as the coroner packs away their prior owner.
Take the last incident in Berks County, Pennsylvania, where a 53-year-old man was cleaning his shotgun and briefly left it on his bed. His dog then jumped on the bed and shot his owner in the back. 
The police do not appear to be treating this as a possible attempted homicide. There is no effort to determine if this was a heat-of-passion crime due to the denial of belly rubs or chew toys.
That leaves civil liability. In Pennsylvania, the state has a hybrid system. If someone is attacked or bitten by a dog, the owner is liable for all medical-related costs. However, for costs or damages other than medical expenses, you must still prove negligence.
Notably, however, the rule applies not just to a bite but any attack, presumably including being gunned down by an armed canine.
Nevertheless, the dog is hardly a deep-bowl defendant capable of paying damages (and the owner would be suing himself). Thus, the dog is likely to escape any serious penalty. Indeed, after learning how to use a shotgun, the dog may find the owner a bit more forthcoming with the treats in the future.
Then there is the pooch in North Carolina, where Chapel Hill Fire Department Assistant Chief David Sasser’s dog, Colton, reportedly “counter surfed” and found a lithium battery. He proceeded to chew on the battery and then placed it on the living room rug, sparking a fire.
Colton sparks small house fire in Chapel Hill, N.C. (Chapel Hill Fire Department/Facebook)
Much like the Pennsylvania police, the fix is in for the dog. The fire department immediately posted a statement that “Colton is a good boy” and excused his conduct. There was no suggestion that Colton was a canine arsonist.
Fortunately, for Colton, North Carolina is a one-free-bite state. You are strictly liable for a known dangerous or vicious dog. Notably, however, the strict liability is for “any injuries or property damage” and not just dog bites. Torching homes would appear to be within the statutory definition of dog-related damage.
By the way, North Carolina also has laws still on the book on issues like “Permitting bitch at large” and “Failing to kill mad dog“).
It is unclear whether this is the first arson incident connected to Colton, but the claim that he is a “good boy” suggests that his record is clean.
Both of these most recent cases raise concerns over whether local police and fire officials are rolling over for these dogs. However, legally, they appear to be in the clear. Presumably, suspicions would be greater if these were cats. Feline offenses are treated as presumptively intentional.
It is also worth noting that any negligence action would face serious Plaintiff conduct questions due to the conduct of the owners from leaving a loaded gun on a bed to leaving a ticked off dog in a running truck.
I am an unabashed dog lover and willing to serve as defense counsel for any accused canine, great or small. However, nly iron-clad rule about dogs: “Outside of a dog, a book is man’s best friend. Inside of a dog it’s too dark to read.”
This column also appeared on Fox.com
One of the best pieces.
This may sound idiotic, but animals, particularly dogs, after some time learn very well their owners’ personalities, and in particular their emotions. So, it is not surprising that we see apparently intentional and even malicious acts from time to time. They have learned – well beyond trained. We certainly see acts of kindness and loyalty from pets all the time. So why not maliciousness acts as well?
A suitable punishment could be the offending animal be placed in foster care at the owners expense.
Learn very well? And you know that how?
What idiot cleans a loaded gun?
Actually, I did one night in the middle of Bumf—, Vietnam, when my trusty effing M-16 jammed in the middle of a firefight.
As an FNG, it was one of my first nights out, and I was elated indeed to have a grunt with time in the country hand me his Ka-Bar to “clean my loaded gun.”
Shh…it happens.
Anon 5:34pm – Thankyou for your service, SIR.
semcgowanjr,
“What idiot cleans a loaded gun?”
What idiot cocks a gun and puts it down?
As a long time committed dog rescuer I work with hundreds of dog rescues🐾🐾🐾🦮🦮🦮, and this is an excellent article for all of them to read and understand. The BONUS, the humor, it is just off the hook, winning 🏆🏆🏆. It is just hilarious and it really made my morning snd will make for enjoyable reading for my fellow animal rescue advocates, thank you so much ❤️ ♥️♥️
Thank you for a good laugh on a Sunday morning
Never give a dog access to your loaded gun or firecrackers :{
Or as was attributed to Mark Twain: “The more I learn about people, the more I like my dog.”
I thought Mark Twain was a cat person.
In more relevant Sunday judicial Democrat bad news:
Judge denies Democrat Rep. LaMonica McIver’s request to dismiss charges as malicious prosecution regarding immigration detention center alleged assault
https://www.cnn.com/2025/11/13/politics/lamonica-mciver-charges-new-jersey-immigration-detention-center
McIver’s lawyers had argued that the prosecution was selective and vindictive, and that the New Jersey Democrat hadn’t assaulted anyone during her May 9 trip to Delaney Hall detention center in Newark. They also said McIver was performing legislative duties protected by the Constitution when she showed up to inspect the detention center, and was thus immune from prosecution.
US District Judge Jamel Semper wrote that McIver failed to show the prosecution was vindictive and that her actions were “wholly disconnected” from the oversight she claimed to be conducting as a member of Congress.
No worries – New Jersey taxpayers will be footing the lawyers’ bills for her criminal defense; so far she’s still in the class of those above the law.
And in Georgia, to borrow a phrase, the walls are closing in on Fanny Willis’s persecution of Trump.
Judge continues dropping charges in Fanny Willis’s Trump 2020 election interference case
https://www.cbsnews.com/atlanta/news/judge-officially-drops-charges-georgia-trump-2020-election-interference-case/
Rachel Maddog could use a muzzle. Not all b****es are cute and cuddly.
Ruh Roh! I hope Darren doesn’t put me in the doghouse for that one.
Actually, Diogenes, I thought it was funny. BarkBoy would laugh.
Besides that, Maddow’s competition is getting tough as it is already. Jesse Swatter, Bret Bear, Bill Hammer, Charlie Pain, Shannon Broom, Kimberly Girlfoil, and the Good Harris Faultless.
Now, so as to bring this back on topic, I have a young springer spaniel, who had gotten into the grocery bags in the back seat on my way home. when I pulled over and opened the trunk hatch, he jumped over the groceries and out the door, -down a strange road.
I had been training him to Come Here when I call him. He is good at that. He came through someone’s fence, someone else’s prize flower bed, knocked over and broke some porch pottery at a third house, and nearly caused a car accident. I emptied his piggy bank for damages.
Sorry about your travails, Lin 😉
So would you prefer he put you in the cathouse instead? 🙂
😉
Yikes! Good one, Diogenes. I’d hate to run into you in a dark alley, but no doubt you would be carrying your lantern. Something tells me you’re a real puttytat.
Born cat lover. Floyd is another. Lots of cat loves read this blog 🙂
Meow, baby. 😺
You guys are wusses! But likeable ones!
(although I admit I didn’t even see-or it didn’t click– the asterisked-cute-and-cuddly part. I just responded to the first sentence. I do not think Rachel is a B. I think she is sterile.)
Irrespective of liability, if an attacker or burglar were breaking in, would you rather have a dog bark or a cat meow?
Sure, Maddow is a highly educated, outrageously overpaid, flaming media hypocrite .. . but even the dogs don’t like Trump.
*’the dog that hasn’t barked yet is Trump’ J. Epstein
Pitiful DG.
But we expect that from you. Keep crying
My motto is never mind the dog. Beware of owner 😉
“. . . if an attacker or burglar were breaking in . . .”
If it were early A.M., 10 degrees outside, would you rather have a dog that needs a walk or a cat that can find its litter box?
I was watching something recently about domesticated animals and why there are so few. Why there are no domesticated Zebra’s or Buffallo.
I found on of the conclusions to be very intersting.
“Cats are not domesticated animals – they are tiny tigers that live with us.”
Are not? have you contacted a vet to confirm that nonsense?
First – lighten up. It is not like the fate of the world hangs on whether cats are domesticated animals.
Next – though I think there is truth in this – still the post is humor.
I have a cat and several dogs – I am not some cat hater.
Though much of the world seems to divide into cat people and dog people and to a large extent they get allong about as well as Antifa and the proud boys.
Regardless, take a chill pill – todays post was on the lighter side – try leaning into it.
Everything is not black and white.
Every difference of opinion is not a crime.
Many do not even reuire one person to be right and the other to be wrong.
Not my conclusion – that of the animal researchers posting the video – but I think they sound correct.
All of virtually all domesticated animals share traits.
Almost none are carnivores
Almost all have structured units in which they are strongly attached – flocks, herds, packs.
Almost all of those have clear leaders – if you can establish yourself as the leader the rest will follow.
There are other several other attributes.
All or nearly all of these are common to every domesticated animal, from chickens to cows to dogs.
Cats have the worst fit to the common traits of any actually domestigated animal
Two thoughts. First, a Forrest Gump moment in the PA shotgun case. Gun cleaning is done on a “cold” unloaded weapon. What was this shotgun doing “hot” loaded? Second, I am no insurance law expert, but I can see all of us with a lively interest in homeowner or renter insurance coverage of third party tort claims for actions of our pups. That is, the dog set off the loaded shotgun into the back of a houseguest.
“Feline offenses are treated as presumptively intentional.” 🤣🤣
Thanks Prof Turley. This helped with a cold morning. I made the mistake, however, of reading one of Anonymous’ posts and now I need an Irish coffee.
It looks to me like Colton is doing an “ut oh”, “I am outta here”, “who can I point the paw at?”
Can Jonathan Turley be so desperate for a subject that he would write such trivia? And it is trivia, because in nearly all of the incidents he cites, the injured party is the dog’s owner, who would essentially be pursuing a claim against himself. The incidents are admittedly somewhat amusing, but imo not hilarious enough to justify the column strictly on the basis of humor. There is currently no lack at all of newsworthy controversies that have legal, not infrequently Constitutional, implications that Turley has not directly addressed. I think that the real story (question) here is why he has not chosen a topic of actual importance in the context of his typical column subjects. Yes, before some twit belabors the obvious: this column is Turley’s property, and he can post whatever he damned pleases. But the comments section is putatively for readers to comment and/or critique those columns, and that is what I have done.
ANO
Stop you’re crying. Create you’re own blog and talk about that you want.
Grow-up
You sound like fun.
Geez, lighten up, go get some coffee.
You dont own the comments section.
Overruled! Sit down!
Why so crabby? Is it really the end of the world if Turley posts a fluff column on a Sunday morning? Maybe it’s BECAUSE of all the heavy, polarizing stuff going on that he intentionally tried to lighten the mood. Ever think of that?
Who’s a good boy?
Not you.
Anon, Please, get a life.
It’s comic relief!
Cleaning a loaded gun? That is contributory negligence. Imagine that had been a child that jumped on it. Or don’t. Take a refresher NRA course.
“Presumably, suspicions would be greater if these were cats. Feline offenses are treated as presumptively intentional.” (JT)
I object. Counsel for dogs (clearly an inferior species) is biased.
Sam: Too many felines are brought into police line-ups for unintentionally tearing toilet paper, (as one example). Because of their talent for premeditation, cats are usually presumed guilty of something. Not quite a CATastrophe, but definitely an infringement of kittykat rights. 😹
Dogs have a better media presence and people slobber all over them all the time but on the other hand when things go to hell then a common phrase is that everything has “gone to the dogs” or “who let the dogs out”.
I demand a counter argument for cats. If you want vermin removed in your house, barn or yard cats are the way to go. They’re working while the dogs are play-acting their love for you.
One simply must remember that when the cat moves in, all relationships change. The alpha cat picks it’s favored servant and curls up there causing severe envy in those that have been slighted and then there is an intense competition to gain the favor of the alpha cat, especially if you have several in one house. The alpha cat dispenses love and purrs like a political boss. Offend the alpha cat and your property will literally be dumped on. It’s unlikely it was an accident. The cat means it.
These animals rule our lives. I suspect we are just puppets on the marionette strings from their paws.
GEB
If you want vermin removed in your house,
_____________________
Sorry I must argue that one.
We have a small black cat that kills mice, rabbits, birds plus bats. They sometimes are still alive.
Then guts them on the second story landing. For me to find in the morning….. yuck.
Our Dog just says NO! (-:
Hey Dustoff, the cat’s just doing it’s job. They’re predators, you know. Probably the most effective predator out there. It’s raw but it’s life in the yard or among the rugs in the house. .It all goes on right near your feet. Just get a little hand broom and scoop and dispose of the remains. Besides when it’s cold, they will really warm your lap.
LOL so right GEB
Doesn’t help that we have a huge back yard up against a even larger green belt
Odd I put mu name on this and it came up ANO???
GEB: Good reply to Dustoff. Homo sapiens are the ultimate predators, of course. Think, silence of the lambs? All those fuzzy yellow chicks before you eat that chicken sandwich? Most of us are omnivores. In nature, everything feeds off of everything else.
Think, silence of the lambs? Um… it was fiction silly person.
“They sometimes are still alive.”
They’re bringing you a gift and teaching you how to hunt and eat. (Half-dead bats aren’t on your cuisine list?)
They’re looking for a safe space, away from competitors, to eat in peace. (What, you’re against “safe spaces?”)
Sam
Half-dead bats aren’t on your cuisine list?)
In WA state the bats are small and the last one she brought in was alive flying around the bedroom then into the kitchen. Loads of fun…
Naa not into eating bats, just yet. LOL
I love bats and follow bat rescue Channel on YouTube they’re amazing animals oh
“(Half-dead bats aren’t on your cuisine list?)”
Not since Ozzy passed.
GEB,
For the most part, yep, the dogs just lay around, wanting affection. But they let us know when someone is in the drive. And the one time a fox came looking for one of my chickens for dinner. Would of been one thing if it was just one dog, but three. The fox had a very bad day.
The barn cats will bring me a present every once in awhile. And a stray decided to adopt us. Lives with the barn cats now.
🙂
And a stray decided to adopt us. Lives with the barn cats
≈====
This is known in rescue as the Kat 😸😸😸Distribution Network 💖💖💖
They breed us as much as we breed them, GEB. Loving domestic pets is obviously a selective advantage. My love of cats must be genetic because I have no other way to explain it.
Breed you say? Breed really? Do you know what you wrote?
The Talmud has much to say on these things, though generally framed in terms of oxen.
Weird story. A loaded shotgun, in bed, with the safety off. Go figure.
The fossil record says dogs have been around humans for over 20,000 years. Coevolution has created a bond.
Our dogs are buddies and dependants. They have the run of the place and are an excellent alarm system and deterrent. The same purposes served by dogs 20,000 years ago.
“The fossil record says dogs . . .”
No love for cats?
They have a centuries-long history, across numerous cultures, of protecting humans and their food supplies from snakes and rodents.
I think cats show up at around 15k years. Our cat has to live in the stable – dogs would kill her if they could
Try thinking and then rewrite.
I believe that President Harry S Truman said “If you want a friend in Washington, get a dog.” Given the current state of violent rhetoric in D.C. and elsewhere, which is turning into a warm second Civil War, I think canine ownership is essential.
As staff for two cats, the presumption of culpability is well-founded.
Winner⬆️…🏆🏆🏆