JONATHAN TURLEY: When the law goes to the dogs

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).

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.

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.

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.

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.

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.

I am an unabashed dog lover and willing to serve as defense counsel for any accused canine, great or small. However, Groucho Marx had the only 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."