Community Association Not Liable to Carbon County Dog Bite Victim

Posted on: June 26th, 2012       Attorney Thomas Newell

The Pennsylvania Dog Law was clarified in a June 2008 ruling by the Commonwealth Court of Pennsylvania. A Carbon County PA dog bite victim was standing outside of his home when he was attacked by his neighbors’ pit bulls. His Pennsylvania dog bite attorney filed suit against the dog owners and the community association that operated the private community.

The Carbon County trial judge ruled against the Jim Thorpe PA dog bite victim and dismissed the lawsuit versus the association. The lawyers representing the association successfully argued that their client could not remove nor confine the dogs and had no legal authority to take possession of the dog owners’ home.

The Pennsylvania dog bite lawyer appealed the decision. The PA Commonwealth Court ruled that the community association did not have the power to enforce the PA Dog Law and affirmed the Carbon County Trial Court decision. The personal injury victim’s sole source of compensation was against the homeowner’s insurance policy of the dog owners. McMahan v. Pleasant Valley West Ass’n, 952 A.2d 731 (PA Cmwlth. 2008)

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