You are probably not going to like this, but in the eyes of the law, a pet is propertyy. As such, it will be treated as property regardless of what legal action you pursue. In many cases, victims of a pet injury would have more success by seeking a remedy directly from the responsible party rather than through a premises liability action.
With that said, the law can offer some satisfaction. As with all premises liability actions, negligence is the main factor that could lead to success. Below are two examples in which a pet suffers an injury on another person’s property. Hopefully, they will give you some idea of when negligence is a factor and when it is not.
Say you and your family are invited to a barbecue and you are encouraged to bring your pet. The property owners have left some rat poison out in the yard and your pet eats it and suffers severe injuries. Because the property owners invited you and your pet, you could argue that he or she should have made the premises safe for your animal.
On the other hand, say your dog leaves your yard and enters your neighbor’s property without an invitation. The animal finds a stash of rat poison on the premises, consumes it and becomes ill. Because the dog was essentially a trespasser in the yard, you likely have no grounds upon which to sue.
If your dog has suffered an injury on private or public property, your best bet is to speak with a Pennsylvania premises liability attorney about your case. Doing so can help you determine what kind of legal action, if any, you might be able to pursue.