Pittsburgh Partner Jen DeFlitch secured a voluntary dismissal of a dog bite matter in Butler County. This matter arose from a dog bite that occurred during a private social gathering at a residence. The plaintiff alleged that the homeowners were negligent because they allowed a guest to bring a dog to the event despite purported concerns about the dog’s temperament and the owner’s ability to control it. According to the plaintiff, the homeowners had a duty to protect guests by requiring that the dog be removed from the property before the incident occurred.
The defense maintained that the claims against the homeowners were unsupported under Pennsylvania law. Specifically, the plaintiff was a social guest and therefore owed the duty applicable to a licensee rather than an invitee. The defense further argued that the plaintiff’s theory would require a significant expansion of existing premises liability law. After the parties exchanged their legal positions and before extensive discovery proceeded, the plaintiff voluntarily dismissed the claims against the homeowners, resulting in a favorable outcome for the defense without payment or further litigation.
