Dealing with a dog bite from a neighbor’s pet might leave you feeling overwhelmed and unsure about your legal options. Pennsylvania law provides specific rules that typically dictate who pays for your medical bills and other damages after a dog attack. Here is what you need to know.
When is the dog owner liable?
Pennsylvania generally imposes strict liability on dog owners for medical expenses resulting from a bite. You usually do not have to prove that the owner acted negligently to recover the cost of your medical treatment. Additionally, the state typically does not follow a one-bite rule, meaning the owner might pay for medical care even if the dog never bit anyone before. If you suffer a severe injury, you might also recover additional damages like lost wages and pain and suffering. An injury may qualify as severe if it involves broken bones or disfiguring lacerations that require surgery.
To claim these non-economic damages without a severe injury, you usually need to prove the owner was negligent. This negligence could involve failing to restrain the animal properly or ignoring local leash laws.
When is the dog owner not liable?
The law generally protects dog owners if the victim provoked the animal before the attack occurred. Provocation might include assaulting, hitting or torturing the dog. Additionally, you might lose your right to claim damages if you were trespassing on your neighbor’s property when the bite happened. Owners also might not face liability if the victim was committing a separate crime during the incident.
How can an attorney help?
Tackling neighborhood disputes and injury claims often requires professional guidance. An attorney experienced in personal injury cases may investigate the incident to determine if there are any legal obstacles to your claim. They might help you gather evidence like medical records, witness statements and police reports.