Eritano v. Commonwealth

OPINION

ZAPPALA, Justice.

The question posed by this appeal is whether a dog that had not previously demonstrated any vicious propensities may be declared “dangerous” pursuant to the Dangerous Dog section of the Dog Law, 3 P.S. § 459-502-A,1 after the dog bit a child and caused severe injury.

The record establishes that on September 2, 1991, Appellants, Joseph and Pamela Eritano, permitted their children Joshua, age fifteen, and Lauren, age five, to visit the home of Appellees, Brad and Marlene Figley. While there, Lauren was given a piece of chicken by the Figleys’ daughter, Nicole. As Lauren…