Pennsylvania Dog Bite Laws

Pennsylvania, like most states, ensures that someone is held liable for the damage or harm that a dog bite inflict on a victim, particularly if the injuries are severe or if the offending dog has a reputation for behaving in a dangerous way. The state ensures that someone is held responsible for medical costs, whether the dog or its owner has acted inappropriately or not. Also, victims are entitled to full compensation if the owner of the offending dog was negligent or did not obey a PA animal control law.

Pennsylvania’s dog bite law is based on common law, which is referred to as the “Dog Law,” and it is based on two cases of dog bite, one in 1982 and a second in 1999. This means that hiring a lawyer is the best solution to be sought for a dog bite case. Using a lawyer means that the best compensation package will be received after all the parts of the dog bite case has been assessed.

A first time dog bite

If a dog that bit a victim had never bitten before, the PA dog bite law  has  two different solutions, which are related to the severity of the injury. A “severe injury” is defined as a physical injury that ends up in broken bones or severe lacerations that need plastic surgery. The victim is entitled to file a Dog Law claim for the cost of medical treatment and any other economic losses or disadvantages the dog bite has caused. The victim has to put up a good defense, which proves that the dog caused the severe injury and was not provoked. At this stage, it  is not taken into consideration whether this is a first dog bite offense on the behalf of the dog or a repeat offense.

A victim who is not severely injured may also file a Dog Law claim against the dog owner which only covers the cost of necessary medical treatment. The victim must provide proof that the defendant owned the offending dog.

However, no dog bite claim is straightforward and it is only through making use of the services of a PA dog bite attorney that the true facts can be confirmed and an adequate compensation package is pursued.

There are certain situations which need thorough investigation such as when a dog broke away from its leash or chain which led to a dog encounter in which an innocent victim was bitten. The victim has to prove that the dog owner did not use reasonable care when chaining the dog, and that the Dog Law was violated.

It is law in Pennsylvania that a dog has to be confined within the owner’s premises. This means it has to be secured by the use of a collar and chain so that it is unable to escape from the premises and be a nuisance to members of the public. When the dog has broken the Dog Law it will have caused a severe injury to a victim without being provoked. This could take place on private or public property. Injuring a domestic animal when not resident on its owners property is breaking the Dog Law too.

Any dog owner who has through intentional, reckless or negligent behavior has caused the dog to aggressively attack and cause severe injury or a human  fatality shall be considered guilty of a misdemeanor of the first degree.  In this case he dog will be confiscated immediately by a police officer or state dog warden and put in quarantine for a specific period of time and then humanely killed. This situation entitles the victim’s family to file a wrongful death claim, which will be paid by the dog owner.

All cases of dog bite have their own complications and in Pennsylania a dog bite victim or his or her family should use the services of an experienced dog bite attorney to ensure that maximum compensation is pursued. A severe injury can be life changing and may mean plastic surgery  to restore the victim’s appearance.