Dog bites can be severely traumatic, resulting in debilitating injuries and even death. They can affect the victim physically, emotionally, and psychologically. Dog attacks may maim, scar, or disfigure survivors, leaving behind long-lasting damages. Every state has legislation in place to handle dog bite accidents. Like other personal injury cases, the courts must decide who is responsible for the incident to award a settlement. Learning Pennsylvania’s dog bite law can help you protect your rights as a dog bite victim and a pet owner in the Keystone State.
Understanding Pennsylvania Dog Bite Statutes
In Pennsylvania, dog bite statutes create two classes of bite victims, based on the severity of the bite and the dog’s history – severe and non-severe. A severe dog bite injury results in broken bones or disfiguring lacerations. A victim of a severe dog bite can file a claim against the dog’s owner for medical costs and other losses due to the injury. To prove a claim for severe injury, the victim must prove the extent of injury and that the dog acted without provocation. Dog bite statutes do not only cover bites but all injuries canines may cause. This includes if a dog jumps on someone and knocks the person down.
If the victim suffers a non-severe injury in a dog bite case, he or she can still file a claim against the dog’s owner. However, the courts will not award the victim any compensation for pain and suffering and other such damages. The lawsuit will only end in recovery for medical costs related to the injury. If medical costs were extensive, it may be worth pursuing a non-severe claim. In this type of claim, the victim only has to prove that the defendant is the dog’s owner.
The “One-Bite” Rule
Pennsylvania does abide by a “one dog bite rule”. If the dog has shown signs of violence in the past and then it bites someone else, the victim can sue the dog owner according to the one-bite rule. In these lawsuits, the victim can receive compensation for all damages and losses related to the bite suffered. An owner who knows a dog poses a threat to people must take action to prevent any injury in the future. Otherwise, the owner risks being sued by the injured party.
A dog bite attorney’s job is to prove that the dog’s owner reasonably should have known about the dog’s violent tendencies and did nothing to prevent a bite. An attorney must also prove the dog caused an injury, and that the plaintiff was in no way provoking the dog or trespassing at the time of the attack. If successful, the courts will hold the owner responsible for all damages, including medical costs, emotional distress, and pain and suffering.
Even if the dog never actually bit someone, the plaintiff can have a case against the defendant. The plaintiff can interview witnesses and neighbors to discover if the dog had aggressive tendencies and deem that the owner should have reasonably known about these behaviors and taken action to prevent an attack.
If a dog is “dangerous,” or has injured or killed another person, the courts may charge the owner with a misdemeanor for subsequent attacks. This will only hold true if the plaintiff can prove he or she was not trespassing or provoking the dog at the time of the attack – the two most common defenses in dog bite law. Pennsylvania’s dog bite statutes are in place to protect citizens in the event of a dog bite and to encourage owners to show more responsibility when it comes to their pets.