Understanding Pennsylvania’s Dog Bite Laws and Owner Liability
Pennsylvania follows a strict liability dog bite statute. What this means is that a dog’s owner is liable if their dog attacks someone. Under Pennsylvania’s dog bite laws, you don’t have to prove that the owner is responsible; the laws automatically make this so.
Dog bite incidents can leave victims severely injured, and they can also be deadly. The Centers for Disease Control and Prevention recently reported that over a span of ten years, 468 people died from being bitten or struck by a dog. This averages to approximately 43 dog bite deaths each year in the United States.
If you were bitten by a dog in Pennsylvania, you may be able to obtain compensation for your damages by holding the dog’s owner accountable. The Pennsylvania personal injury attorneys at Edelstein Martin & Nelson, LLP can help you with the claims process.
Dog Bite Injury Laws in Pennsylvania
The dog bite laws in Pennsylvania make the owner liable for paying for all medical costs that someone incurs as a result of their dog attacking. This is true regardless of if the owner knew their dog was dangerous or violent.
However, if a dog bite victim wants to pursue compensation for other damages, like pain and suffering, then they will have to prove that the dog’s owner was negligent.
There are four elements that must be demonstrated when proving negligence. These are:
- The dog’s owner had a duty of care to you. They knew the dog could be dangerous and should control it so it would not bite.
- The dog’s owner violated their duty of care by failing to take reasonable steps to ensure the dog wouldn’t bite you.
- The violation of a duty of care resulted in the dog bite incident.
- The dog bite incident caused your injuries and related damages.
However, if you intentionally provoked the dog and you were bitten, you would likely be unable to recover compensation. Likewise, if you were committing a crime or trespassing on another party’s property and their dog bites you, then you would lose your right to compensation.
There is a two-year statute of limitations for a dog bite victim to file a lawsuit. Failure to do so within that two-year window will result in financial compensation being unable to be recovered. Minors who are bitten by a dog have a longer statute of limitations, which is two years after they turn 18 years of age.
Owning a dog is a big responsibility that includes keeping the dog under control so that they do not harm others.
Speak with an Attorney at Edelstein Martin & Nelson, LLP
If you were bitten by a dog in Pennsylvania, you may have a legal case to make against the dog’s owner. Since there is only a limited amount of time to take legal action, learning about your options early and getting started with your claim soon after is essential to safeguarding your right to compensation.
For help with the claims process, you are welcome to call Edelstein Martin & Nelson, LLP at (215) 731-9900 to schedule a free consultation.