In Philadelphia neighborhoods like Hunting Park, dogs are a part of daily life. But when a friendly pet becomes an aggressor, the consequences can be devastating. A dog attack can leave victims with serious physical injuries, lasting emotional trauma, and overwhelming medical bills. For a child, it can mean a new fear of walking to school; for an adult, it could mean lost wages from an injury that prevents them from working. If you or a loved one has been bitten, it is crucial to understand your rights under Pennsylvania law.
Pennsylvania’s Complex Dog Bite Law
Pennsylvania has a unique two-part law for dog bites. First, the law holds dog owners “strictly liable” for all medical costs related to a bite. This means the owner is responsible for your medical bills regardless of whether the dog had a history of aggression.
However, to receive compensation for anything beyond medical expenses, such as lost wages or pain and suffering, you must prove one of two things:
- The owner was negligent. This could mean they violated leash laws, failed to secure the dog in a yard, or did not control an obviously agitated animal.
- The owner knew the dog had dangerous tendencies. If the dog had a history of biting or aggression and the owner failed to take proper precautions, they can be held fully responsible for all damages.
Proving negligence is often the key to getting fair compensation, and it is where these cases can become complicated.
The Serious Impact of a Dog Attack
Dog bite injuries are often more severe than they first appear and can include:
- Deep puncture wounds and tissue damage.
- Nerve damage, especially in the hands and arms.
- Serious infections that require aggressive treatment.
- Permanent scarring and disfigurement, particularly on the face.
- Psychological trauma, such as PTSD and a lasting fear of dogs.
Children are especially vulnerable to severe injuries to the head and neck. The rising cost of insurance claims for dog bites reflects the serious, long-term impact these attacks can have on a victim’s life.
What to Do Immediately After a Dog Bite
What you do in the moments after an attack is critical for both your health and your legal rights.
- Seek Medical Attention. See a doctor immediately, even if the wound seems minor. This prevents infection and creates a medical record that is vital for any future claim.
- Identify the Owner and Dog. If possible, get the owner’s name and contact information. Ask if the dog is current on its rabies vaccinations. Safely take a photo of the dog if you can.
- Report the Bite. File a report with Philadelphia Animal Care and Control (ACCT Philly). This creates an official record and helps protect public safety.
- Document Everything. Take photos of your injuries. Save all medical receipts and records. Write down everything you remember about the incident and get contact information from any witnesses.
Dealing with the Insurance Company
If the dog’s owner has homeowners or renters insurance, you will likely be contacted by an insurance adjuster. Remember, their job is to settle your claim for the lowest amount possible. Do not give a recorded statement or sign any documents without first speaking to an attorney. An early settlement offer is almost always less than what your case is truly worth.
Frequently Asked Questions
Does it matter if I was on the dog owner’s property? Location is important. As long as you were not trespassing or provoking the dog, the owner is generally responsible for your medical bills. If you were on the property lawfully (as a guest, mail carrier, or delivery person), you have strong grounds for a negligence claim. A claim becomes more difficult if you were trespassing.
What if the dog was a stray or the owner had no insurance? This is a difficult but common situation. If the owner cannot be identified, you cannot file a claim. If the owner is identified but has no insurance, you can pursue a claim against them personally, but collecting payment can be challenging. An attorney can help explore other possibilities, such as liability on the part of a landlord who knew about a dangerous animal on their property.
Can we still file a claim if the dog has never bitten anyone before? Yes. Even without a history of aggression, an owner can still be found negligent. For example, if the owner lets their dog run loose in violation of leash laws or fails to control their dog around a small child, their actions could be considered negligent. An experienced attorney can help build a case based on the owner’s failure to act with reasonable care.
Getting the Help You Need
You do not have to face the aftermath of a dog attack alone. At the Law Offices of Eric A. Shore, we understand the physical and emotional pain that dog bite victims endure. We are here to fight for the justice and compensation you deserve.
Contact us today at 1-800-CANT-WORK or visit 1800cantwork.com to learn more.
