Dog bites are more common than many people realize, and they can have serious consequences. Dog bites can be traumatic and unexpected, leaving victims with not only physical wounds but also emotional scars. In 2023, Pennsylvania ranked among the top states for dog bite insurance claims, with over 800 incidents reported. In Pennsylvania, the law takes dog bite incidents seriously, holding dog owners accountable through a strict liability law. Whether you're a dog owner or someone affected by a dog bite, understanding these laws is necessary. Pennsylvania's strict liability in dog bite cases means that a dog owner can be held responsible for injuries caused by their pet, regardless of the dog’s history or the owner's knowledge of any potential danger.

Navigating the aftermath of a dog bite incident can be very stressful, especially when legal implications are involved. Pennsylvania's dog bite laws are designed to protect victims while also ensuring that dog owners are aware of their responsibilities. By understanding the state’s strict liability framework, you can better protect yourself, whether you’re seeking justice after a bite or aiming to prevent such incidents with your pet. Below, we will explain in detail how strict liability applies in the event of a dog bite, allowing you to confidently handle the situation if it arises.

What is Strict Liability in Pennsylvania Dog Bite Cases?

Strict liability in Pennsylvania dog bite cases is a legal doctrine that holds dog owners solely responsible if their dog bites or attacks someone. Under strict liability, a dog owner can be held liable for injuries caused by their dog, regardless of whether the dog has a history of aggressive behavior or the owner had prior knowledge of any potential danger. This means that the victim of a dog bite does not need to prove that the owner was negligent or that the dog had previously exhibited dangerous tendencies. The mere fact that a bite occurred is enough to establish the owner’s liability.

Most states in the U.S. have "strict liability" laws that hold dog owners accountable for most dog-bite injuries, regardless of whether the dog had a history of aggression or the owner was negligent. In Pennsylvania, while the law requires dog owners to cover all of the victim's related medical expenses anytime their dog bites or attacks someone, it does not extend to other damages, such as pain and suffering or lost income.

Can I Sue for a Dog Bite in Pennsylvania?

Yes, you can sue for a dog bite in Pennsylvania. If you've been injured by someone else's dog, you may have another option for seeking compensation: filing a negligence claim against the dog's owner. In Pennsylvania, to succeed in a dog-related negligence case, the victim must demonstrate that the owner was aware of the dog's "unmistakably vicious tendencies" and neglected to take appropriate steps to control it.

In Pennsylvania, the type of compensation you can seek depends on the severity of your injuries.

  • Severe Injuries: If the dog bite results in serious injuries, such as broken bones, deep lacerations, or injuries requiring surgery, you can sue for full compensation. This includes not only medical expenses but also lost wages, pain and suffering, and other related damages.
  • Non-Severe Injuries: For less severe injuries, you can still sue to recover your medical expenses. However, additional compensation for pain and suffering may be limited.

To successfully sue for a dog bite in Pennsylvania, it’s important to document the incident thoroughly, seek immediate medical attention, and report the bite to local authorities. Consulting with an experienced personal injury attorney can help you navigate the legal process and ensure that you receive the compensation you deserve.

What Damages Can I Claim After a Dog Bite in Pennsylvania?

If you’ve been bitten by a dog in Pennsylvania, you may be entitled to various types of damages. These damages are intended to compensate you for the physical, emotional, and financial impact of the injury. The specific damages you can claim will depend on the severity of your injuries and the circumstances of the case. Here’s an overview of the types of damages that might be available:

1. Medical Expenses

You can claim compensation for all medical costs associated with the dog bite. This includes:

  • Emergency Room Visits: Costs for initial treatment immediately following the bite.
  • Hospital Stays: If the injury required hospitalization.
  • Surgery: Expenses for any surgical procedures needed to repair damage from the bite.
  • Medications: Prescription drugs, including antibiotics to prevent infection or pain relievers.
  • Rehabilitation: Physical therapy or other rehabilitative services needed to regain function after the injury.
  • Future Medical Care: If the injury requires long-term treatment, such as follow-up surgeries or ongoing therapy, you can claim future medical expenses.

2. Lost Wages

If the dog bite caused you to miss work, you can claim compensation for lost wages. This includes:

  • Current Lost Wages: The income you lost while recovering from your injury.
  • Loss of Earning Capacity: If the injury affects your ability to work in the future or limits the type of work you can do, you may be entitled to compensation for reduced earning potential.

3. Pain and Suffering

Dog bite injuries can cause significant physical pain and emotional distress. Pain and suffering damages are intended to compensate you for:

  • Physical Pain: The discomfort and suffering you endured as a result of the bite.
  • Emotional Distress: Anxiety, depression, fear, or PTSD that you may experience due to the trauma of the attack.
  • Scarring and Disfigurement: Compensation for permanent scars or disfigurement resulting from the bite.

4. Property Damage

If the dog bite incident resulted in damage to your personal property—such as torn clothing, broken glasses, or other items—you can claim compensation to cover the repair or replacement of these items.

5. Punitive Damages

In cases where the dog owner’s behavior was particularly reckless or malicious—such as knowingly allowing a dangerous dog to roam freely—you may be able to claim punitive damages. These are intended to punish the owner and deter similar conduct in the future.

The damages you can claim after a dog bite in Pennsylvania are intended to make you whole again by covering both the tangible and intangible costs of your injury. To ensure you receive full and fair compensation, it’s advisable to consult with a personal injury attorney who can evaluate your case, help you document your damages, and negotiate on your behalf.

Legal Defenses for Dog Owners in Pennsylvania

Dog owners may have legal defenses when sued for injuries their animals have caused. For example, the owner might claim that the victim:

  • was injured when the dog escaped from a properly fenced yard,
  • was trespassing in an area where the dog was confined,
  • voluntarily assumed the risk of injury (a rule often applied when veterinarians are bitten), or
  • was partially responsible for the injury.

Under Pennsylvania's "comparative negligence" rule, if the victim is found to be more at fault than the owner, they won't receive any compensation for their injuries. However, if the victim's fault is 50 percent or less, their compensation will be reduced in proportion to their level of fault.

Do I Need a Lawyer for a Dog Bite Case in Pennsylvania?

If you’ve been bitten by a dog in Pennsylvania, you might be wondering whether you need to hire a lawyer to handle your case. While it’s not legally required to have an attorney, having a lawyer on your side can significantly impact the outcome of your case and ensure that your rights are fully protected.

Pennsylvania's strict liability laws mean that dog owners are often held responsible for injuries caused by their pets, but navigating the legal system and negotiating with insurance companies can be complex, especially when you’re dealing with the physical and emotional aftermath of a dog bite. A lawyer who specializes in Pennsylvania dog bite cases will have the experience and knowledge to assess the full extent of your injuries, gather crucial evidence, and build a strong case to secure the compensation you deserve. Hiring a lawyer can relieve much of the stress associated with a dog bite case, allowing you to focus on your recovery while your attorney handles the legal complexities.

Let Brandon J. Broderick, Attorney at Law, Stand by Your Side: Get the Support You Deserve After a Dog Bite Injury

Suffering from a dog bite is a painful and distressing experience, leaving you with not only physical injuries but also emotional turmoil. At the law firm of Brandon J. Broderick, we understand the challenges you’re facing and the uncertainties that lie ahead. You shouldn't have to navigate this difficult time alone. Our compassionate team is here to offer the legal support you need, ensuring your rights are protected and you receive the compensation you deserve.

Our team is here to listen, guide, and support you, so you can focus on healing while we handle the complexities of your case. Contact us today and let us help you take the first step toward justice and peace of mind.


Posted by: Brandon J. Bro…
Date: Mon, 07/15/2024 - 19:20

Still have questions?

Call now and be done