When dog owners fail to take charge of their animals, people can be seriously hurt. Whether the dog is on their own property or out in public, there are rules about dog bites that can help injured people and their families get compensation.
Whether the victim is an adult or a child, the expectation is usually on the owner to keep other people safe. Certain statutes hold dog owners liable for a dog bite victim’s medical bills, but we can help you seek other damages you need, like lost wages and pain and suffering for serious injuries.
Contact our dog bite attorneys for a free review of your potential case today by calling Kenny, Burns & McGill at (215) 423-5500.
Philadelphia Dog Laws
Pennsylvania and Philadelphia laws create restrictions on dog owners to help keep people and other animals healthy and safe. Dogs have to be licensed and vaccinated, and outside the home/yard, dogs must be kept on a leash at all times.
On top of this, there are rules for fighting diseases like rabies that dictate what happens after a dog bite. These laws allow rabies testing after a bite to ensure it did not give the victim rabies.
Is Pennsylvania a “One Bite” Rule State?
Many states deal with dog bites using a “one bite” rule. Pennsylvania does not use these rules, but it is important to understand what that means for your dog bite case.
In a one bite rule state, dog owners are put on notice that their dog is dangerous if it bites someone once. This means every dog gets one “free” bite where there is no automatic liability – but after that, the owner knows the dog is dangerous.
This often means owners cannot be held liable for a dog’s first bite, but can for later bites. Pennsylvania uses different rules allowing dog owners to be liable for the first bite, too.
Pennsylvania’s Dog Bite Laws
Pennsylvania has dozens of laws for dogs, including laws for dog bites to animals and people and what to do with dogs after a bite. Among the most important rules for a dog bite injury case are ones dealing with the owner’s duty to control their dogs, negligence, and damages:
Owner’s Duties
As mentioned, Philadelphia has a leash rule requiring any dogs in public to be on a six-foot or shorter leash. This rule, plus general guidelines for safe dog handling, requires owners to keep their dogs enclosed or under control on their own property.
It is up to owners to prevent their dogs from pouncing on or injuring other people, which makes them responsible when the dog hurts someone.
However, the owner has to actually be the reason the dog got out and injured someone. If the dog gets out despite the owner’s best efforts, you might not be able to hold the owner liable for your injuries.
Negligence
A series of cases over nearly 100 years give us our framework for dog bite cases in Pennsylvania. We do not use a one bite rule and instead hold owners liable whenever they do something wrong.
First, we look at whether the dog is known to be dangerous. Previous attacks, constantly growling at people, or generally aggressive behavior can prove this. If a dog is dangerous and injures someone – even if they were a trespasser – the owner is usually liable. Their error here is keeping a dangerous dog around.
If the dog is not deemed dangerous, then we look at what the owner did wrong. Allowing the dog off leash in violation of the law or otherwise negligently allowing a dog to get after another person could be enough to hold the dog owner liable.
Damages
Under 3 P.S. § 459-502(b)(1), dog owners must pay for any medical treatment the victim needs. However, dog bites can cause additional damages if they are serious, such as lost wages and pain and suffering.
To get other damages, you have to file a lawsuit and show the owner was negligent, as discussed above. Essentially, this means medical bills can be paid under the statutory rule alone, but any other damages need additional proof of fault.
Do You Need a Lawyer to Bring a Dog Bite Case?
Sometimes dog bites are covered under an owner’s home insurance or renter’s insurance. However, this applies to situations where the bite happened at their house and usually will not cover bites on a walk or somewhere else off the property. In any case, insurance might not cooperate or pay you without a fight.
Contacting our dog bite attorneys and filing a lawsuit is often the best way to get damages paid. Not only can this lawsuit account for damages beyond medical expenses, but our lawyers can use our courtroom experience to help you.
Our attorneys can also negotiate with the dog owner and their insurance companies. Settlements can save you from having to relive the traumatic experience by testifying about it at trial. It also gets you the damages you need sooner to avoid bills and expenses piling up.
Dangerous Breed Laws in Philadelphia
Some areas have local laws called breed-specific legislation (BSL) banning certain dog breeds. Pennsylvania does not have any BSL rules blocking specific breeds, and statewide laws override local provisions.
Instead, determinations about dangerous dogs look at the dog’s specific actions:
- Does it growl or scare people off?
- Does it attack other animals?
- Does it attack without provocation?
- Has it killed another pet?
Court cases in Pennsylvania also acknowledge that a “friendly” dog can also be “dangerous.” For example, a huge dog jumping up to say hello can injure someone just as badly as a violent dog, and owners should be responsible for that.
Additionally, size does not always matter; small dogs can still be deemed dangerous or vicious, even if they are not stereotypically a “dangerous” breed.
Call Our Dog Bite Injury Lawyers Today
For help with your case, call Kenny, Burns & McGill’s dog bite attorneys at (215) 423-5500.
