Lerro v. Upper Darby Township

In Lerro v. Upper Darby Township, 798 A.2d 817 (Pa. Cmwlth. 2002), a child and his mother were attacked by a pit bull and severely injured while visiting friends at an apartment. Prior to this attack, the dog had attacked at least three other individuals. After the first attack, the local township had quarantined the dog and had released it after receiving proof that the dog did not have rabies. The township did not quarantine the dog after the following two attacks, and did not notify the State dog warden. Following the last attack, the child and his mother sued both the dog's owner and the township to recover damages for their injuries. In particular, they asserted a cause of action against the township based upon its purported failure to enforce both the provisions of the Dog Law and the provisions of the township's Dog and Rabies Ordinance. The trial court granted the township's motion for summary judgment, and the court's order was affirmed on appeal by this Court based, inter alia, on the proposition that the Dog Law did not create a private cause of action. In considering the enforcement provisions of the Dog Law, this Court stated the following, in pertinent part: Enforcement of the State Dog Law is multi-faceted. The duty to report incidents of dog attacks appears to belong to the public generally, not just to municipalities. The Secretary of Agriculture has "general enforcement" responsibility for the State Dog Law, which makes the enforcement responsibility of municipalities, such as the Township, less than pellucid. Even if we were to resolve this conundrum by holding that the Township, along with [the Dog's owner], had a duty to report the attacks by the Dog to the State dog warden, it does not advance Appellants' case against the Township unless that duty is one enforceable by Appellants. As noted, the party charged with enforcement of the State Dog Law is the Secretary of Agriculture. Section 901(a) of the State Dog Law, 3 P.S. 459-901(a). To the extent the Township failed to fulfill its duty under the State Dog Law, it is the responsibility of the Secretary of Agriculture to take appropriate action. Our appellate courts have held that where the General Assembly commits the enforcement of a regulatory statute to a government body or official, this precludes enforcement by private individuals. In any case, even if reports of the Dog's attacks had been made to the State dog warden, there is no guarantee that the Department of Agriculture would have responded by destroying the Dog or taken any action whatsoever. The General Assembly directed that the Secretary of Agriculture be responsible for enforcement of the State Dog Law in all particulars. Appellants cannot meet their threshold burden under [what is commonly referred to as the Political Subdivision Torts Claim Act of showing that the Township has a duty to them under the State Dog Law that is enforceable in a private cause of action. Lerro, 798 A.2d at 821-822.