A Pit Bull attacked an elderly woman after climbing over the fence between her yard and her neighbors, the dog owners, yard. The dog had a 1 1/2 year history of barking at the woman while she was in her garden. The woman used to hit the fence with her cane and spray the dog with the water hose. The neighbors did not get along. At one point the dog owners had their deck torn down and the workers piled the wood along the fence. When the woman came into her backyard the dog stated to bark at her. She started to spray the dog. The dog climbed the wood pile and attacked her. She tried spraying the dog but the dog kept biting her. Her daughter video taped the incident with her cell phone and was also attacked by the dog. A stranger witnessed the attack and climbed the fence and pulled the dog off of her. By this time the owner was there and took the dog inside the home.
I was hired as an expert by the defendant to show that the dog was provoked by the woman.
I showed that the dog was provoked and that the woman caused the dog to attack. The case was tried in front of a jury in the Common Wealth Court in Philadelphia Pa. The woman was found to have caused the attack.