Happens more than you think
As a densely populated state with approximately 12 million residents and an estimated 3 million dogs, Pennsylvania sees roughly 44,000 dog bite incidents annually, with around 800 cases requiring hospitalization. Dog bites can be a traumatic experience, leading to physical injuries, emotional distress, and financial burdens. When it comes to dog bite claims in Pennsylvania, victims have specific legal protections that may entitle them to compensation.
Pennsylvania’s Dog Bite Laws
Pennsylvania operates under a mixed liability system that differs from many other states. Under Pennsylvania law, a dog owner can be held liable even if their dog has never shown aggressive behavior before. The Pennsylvania Dog Law establishes two categories of liability:
- Strict Liability for Medical Expenses: Regardless of the dog’s history, owners are responsible for all medical costs related to the bite. Under Pennsylvania law (3 Pa. Stat. Ann. § 459-502(b)(1)), if a dog bites or attacks someone, the owner is strictly liable for all of the victim’s related medical costs. Pennsylvania’s dog bite law adopts a hybrid approach, incorporating both strict liability and a modified “one-bite rule” in certain circumstances.
- Full Liability for “Dangerous Dogs“: If the dog has previously shown dangerous tendencies or severely injures someone, the owner may be liable for additional damages, including pain and suffering, lost wages, and other non-economic damages. Dog owners may face criminal consequences if their dog is classified as “dangerous,” further emphasizing the seriousness of these incidents.
Recent case outcomes
Several notable dog bite cases demonstrated the range of potential outcomes:
- A Montgomery County jury awarded $850,000 to a delivery driver bitten by a German Shepherd with a previous bite history
- A Philadelphia settlement of $175,000 for a child bitten on the face by a neighbor’s dog with no prior incidents
- A Lancaster County case resulted in $45,000 for medical expenses only when the dog had no previous aggressive behavior
Statute of limitations
Dog bite victims must file claims within two years of the incident. Failing to meet this deadline typically bars recovery completely, regardless of case strength.
Immediate steps to take after a dog bite
If you’ve been bitten by a dog, take these immediate actions:
- Seek medical attention: Document all injuries through professional medical care, even if wounds seem minor.
- Report the incident: Contact local animal control and police to create an official record of the bite.
- Document everything: Take photos of injuries and the location, and gather contact information from witnesses.
- Preserve evidence: Keep unwashed clothing, medical reports, and any correspondence with the dog owner.
- Avoid discussing fault: Refrain from making statements about the incident to the dog owner or their insurance company.
Potential damages in dog bite cases
- Medical expenses (emergency care, surgery, rehabilitation)
- Lost wages and diminished earning capacity
- Pain and suffering (in qualifying cases)
- Scarring and disfigurement compensation
- Emotional distress and psychological trauma
Defenses in dog bite cases
Defenses in dog bite cases can vary, but dog owners commonly employ several strategies. One defense is provocation, where the owner claims that the victim teased, tormented, or abused the dog, leading to the bite. Another defense is trespassing, where the dog owner argues that the victim was illegally on private property at the time of the incident. Additionally, comparative negligence is a defense where the owner asserts that the victim’s actions contributed to the incident.
Under Pennsylvania’s comparative negligence rules, compensation may be reduced by the percentage of fault assigned to the victim.
Legal steps to pursue a claim
- Reach out to a personal injury attorney, like Amil Minora, to discuss your legal options and ensure your rights are protected.
- Investigation: Your attorney will investigate the incident, gather evidence, and determine the dog owner’s liability.
- Demand letter: A formal demand letter will be sent to the dog owner or their insurance company, outlining your injuries and damages.
- Negotiation: Your attorney will negotiate with the insurance company to reach a fair settlement.
- Litigation: If a settlement cannot be reached, a lawsuit will be filed, and the case will proceed to trial.
The majority of dog bite cases (approximately 80%) settle before reaching trial, but having qualified legal representation significantly impacts compensation amounts.
For bite victims seeking dog bite claims in Pennsylvania, understanding these legal nuances can be crucial to receiving fair compensation for injuries sustained from another’s pet. Victims can protect their legal rights and pursue appropriate remedies under state law by taking prompt action and documenting the incident thoroughly.