Police Shoot, Kill Pitbull; Sue Owner
http://triblive.com/news/allegheny/6562780-74/durante-bull-dog#axzz39emnRXmm
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The pit bull died from a gunshot. Durante spent several days in UPMC Presbyterian in Oakland.
Philadelphia lawyer Martin Kleinman, who specializes in tort law, said that in many states, Durante's claims would immediately be dismissed based on a law called the “firefighter's rule,” which bars injured public safety officials from filing such lawsuits. But in Pennsylvania, which never adopted such a law, courts have taken a “more nuanced approach,” Kleinman said.
“The emergency responder can sue for damages as long as the injury was caused by negligent or intentional conduct that was separate from the conduct that contributed to the emergency,” he said. “In other words, if this cop was responding to a barking dog, he wouldn't be able to sue.”
The lawsuit claims the Holloways had a history of not being able to control their dog. Danielle Holloway was cited six times in the two weeks leading up to the attack for failing to keep the dog confined and for not having a dog license. Hrinda knew the pit bull was at the residence and was aware of its aggressive nature, the lawsuit says.
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Pitbull attacks are far too common these days. We need national BSL.