Dog bites can cause puncture wounds or other serious injuries, along with mental anguish or anxiety. If this happens to you, can you hold the dog’s owner liable for your pain and suffering? Take a closer look below at dog bite laws in Pennsylvania and the circumstances under which the state holds owners responsible.
How Pennsylvania’s Dog Laws Define Strict Liability vs. Negligence
Pet owners could be held liable if their dog bites or attacks another person on their property. The extent of their liability depends on whether they behave negligently.
Strict liability means that the dog’s owner must cover the victim’s medical costs after the attack. To seek damages for one’s pain and suffering, lost wages, or other losses, victims must prove the owner’s negligence.
A negligent owner fails to take reasonable steps to prevent the dog from harming others. Perhaps a dog has aggressive tendencies when others come near the property. If the owner knows this and leaves the dog outside without any restraints, their actions could be deemed negligent.
What If Someone Owns a Dangerous Dog?
Some dogs have a history of attacking people or injuring domesticated animals. The state considers the dog to be dangerous in such instances. To prevent further harm, owners have to take state-mandated steps like:
- Registering the animal with local authorities
- Leashing or muzzling the dog while off their property
- Keeping the animal in a confined space while on their property
Are There Exceptions to Dog Owner Liability Laws?
Dog bite laws in Pennsylvania don’t always deem the owner liable for one’s injuries. In instances of trespassing or provocation, the injured party could be at fault.
Imagine a property owner knowingly has a dangerous dog and has posted “Beware of Dog” signs accordingly on the premises. If a trespasser jumps the fence and the dog attacks them, the owner may not be liable for their injuries, given the circumstances surrounding the attack.
Provocation can be more challenging to prove, but it’s another instance when dog owner liability becomes murky. Say someone gets too close to the dog and starts teasing or taunting them. This could provoke the animal to attack and potentially make the injured party at fault.
What Happens If You File a Personal Injury Claim After a Dog Attack?
According to dog bite laws in Pennsylvania, victims have two years to take legal action. Waiting too long to file a lawsuit could cause the court to dismiss the claim, thus preventing you from seeking financial compensation.
You should review your case’s details and evidence with a personal injury attorney, preferably one with experience handling dog bite cases. They may help you gather additional evidence to strengthen your claim. If a dog owner is considered negligent, you may be able to pursue compensation for your:
- Medical bills
- Lost wages
- Emotional distress
- Pain and suffering
Your potential compensation ultimately depends on liability. According to Pennsylvania’s comparative negligence laws, victims may not seek compensation if they’re more than 50% at fault in an accident.
After filing the suit, attorneys may engage in settlement negotiations. If they’re unable to reach an agreement, the case could go to trial.
Contact Our Firm for a Free Case Evaluation
Understanding dog bite laws in Pennsylvania will help you determine whether you can sue an animal’s owner. For personalized guidance, turn to our team at Ostroff Godshall Injury and Accident Lawyers. We advocate for our injured clients and strive to hold negligent dog owners responsible.
We have nine convenient locations in Pennsylvania and over 25 years of experience. Call (855) 521-4406 to schedule a consultation today.
Frequently Asked Questions (FAQ):
Q: What are the dog bite laws in Pennsylvania?
A: Pennsylvania dog bite laws address owner liability, distinguishing between strict liability for medical costs and negligence for further damages like pain and suffering. Owners of dangerous dogs have specific responsibilities.
Q: Can a dog owner be held liable if their dog bites someone in Pennsylvania?
A: Yes, dog owners can be held liable. The extent depends on factors like negligence. However, exceptions exist for trespassing or provocation by the injured party.
Q: How long do I have to file a dog bite claim in Pennsylvania?
A: According to Pennsylvania dog bite laws, victims have two years from the date of the incident to take legal action and file a personal injury claim.
