Owners Have Little Recourse When A Pet Is Killed

Nov. 24--Pet owners know that an animal can become part of a family, and it is often an emotional experience when the pet dies. When a pet is unexpectedly killed, it is worse.

In the case of the cockapoo that a greyhound killed Nov. 11 at the off-leash exercise area in Squirrel Hill'sFrick Park, the distress of the cockapoo's owner was palpable.

Still, there is not much legal action that a pet owner can take against anyone, even in a situation like that.

"The only case where emotional suffering of stress might be considered in the death of a pet would be if a person intentionally killed your pet, for example, in front of you," said Ann Schiavone, a Duquesne University law professor who has taught classes in animal law.

In off-leash areas in particular -- they are in six parks in Pittsburgh -- the city has no liability, and the owner takes a risk for anything that might happen, according to Animal Control.

Pennsylvania's dangerous dog law says that a dog is dangerous if it kills or severely injures a human or a domestic animal while off an owners' property.

Besides an owner being cited, two approaches are taken with a dog found to be dangerous, according to Pittsburgh police public relations Officer Christine Luffy, who handles cases of animal abuse and other animal cases for the city. The dog can be put down humanely, or as Officer Luffy said, the owner has to "jump through hoops."

This includes putting a muzzle on the dog at all times when it is in public, keeping it in an enclosure with 6-foot-high walls and buying insurance that could cost as much as $50,000.

A dog can be deemed dangerous if it shows a "propensity to bite," Ms. Schiavone said. "Let's say a dog had been in a park before and had gotten into incidences with several other dogs in different circumstances and was the aggressor in those fights but never caused injury," she said. "That might show a propensity."

Because a pet is considered property in Pennsylvania, the owner of an animal that is killed would only be able to recover for lost property.

While some dogs can be dangerous, Officer Luffy presses for owner accountability so incidents can be avoided in the future.

It is especially important for dog owners to be aware of surroundings and the behavior of their dogs and others.

"Pet owners need to be responsible," she said.

Andrew Goldstein: [email protected] or 412-263-1352.

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