Analyzing Pennsylvania’s dog bite laws and the protections they provide victims and their families can help you decide the next step in your injury case. Pennsylvania’s laws regarding dog bite injury settlements and the responsibilities of dog ownership continue to evolve, and this latest guide is your introduction to Pennsylvania dog bite legislation in 2024.
Pennsylvania is a Common Law Liability State
Pennsylvania common law holds owners responsible for severe injuries their dog inflicts on another individual. Victims of vicious dog attacks involving physical injuries, such as broken bones, disfigurement, and injuries that require extensive cosmetic surgery, can bring a claim against the dog owner for medical expenses, employment income losses, retraining expenses, and other damages relating to their dog bite injury harm and recovery process.
Pain and Suffering Damages Require Proof of Negligence
In addition to damages relating to loss of income and medical care, Pennsylvania dog bite victims may also claim costs relating to Pain and Suffering within their dog bite settlement claim, so long as they prove the dog owner was negligent in their dog bite case. The courts generally rule the owner is negligent when they violate the law requiring restraint of dogs at all times when in public (3 Pa. Stat. § 459-305; Miller v. Hurst, 448 A.2d 614 (Pa. Super. 1982)).
Pain and suffering, as defined by Pennsylvania law, includes all negative impacts of the dog bite on your day-to-day life. Examples of damages relating to pain and suffering may include:
Loss of enjoyment in life
If you’ve been unable to enjoy your favorite activities and have a diagnosed mental health condition as a result of your dog attack, you may have a strong case for pain and suffering damages.
Physical pain during rehabilitation
In cases where a dog bite victim suffers significant physical pain during rehabilitation, pain and suffering damages may be included within the settlement.
For example, children often experience facial nerve damage and broken bones after a dog attack, and as such any dog owner found liable for negligence can be required to pay pain and suffering related damages to a childhood dog bite victim with serious injuries.
Permanent injuries and their effects
Permanent injuries, including scarring and disfigurement, have enduring repercussions throughout the life of the dog bite victim. Pennsylvania law allows dog bite victims with life-changing permanent injuries resulting from dog owner negligence to sue the dog owner for the full impact of their pain and suffering.
How Does Pennsylvania Define “Dangerous Dog”?
Pennsylvania is one of the few states to have a Dangerous Dog Statue. The Statute defines a dangerous dog as a dog that:
- Inflicts severe injury without provocation on public or private property
- Kills or inflicts severe injury on a domestic animal, dog, or cat without provocation while off the owner’s property
- Attacks a human being without provocation
- Is used in the commission of a crime
Owners of dangerous dogs must obtain comprehensive insurance for at least $50,000, insuring them for any injuries inflicted by the dog. Policyholders must add the state as an additional holder on the policy so that state law enforcement receives a notification if the policy lapses.
Dangerous dog owners must also notify the Bureau of Dog Law Enforcement within 24 hours of their dog going missing, attacking a person or animal, or being sold to another owner.
In cases of an attack by a dog that has previously been declared a dangerous dog under state law, the owner is liable for all damages, regardless of severity. The owner of a dangerous dog found responsible for another attack may also face significant penalties. For example:
- Owners can be found guilty of misdemeanors and face up to two years in prison if their dog attacks another victim and causes non-severe injuries. If the dog causes severe injuries or death in a secondary attack, the owner can face up to five years in prison and a first-degree misdemeanor charge.
Pennsylvania’s Statute of Limitations for Dog Bite Cases
Pennsylvania requires victims to file cases within two years of the initial injury. If they wait to file until after this deadline, the courts can dismiss the case regardless of the circumstances.
Statute of Limitations for Child Dog Bite Victims
Children bitten by a dog have up to the day they turn 20 to file their case, regardless of their age at the time of the incident. This allows the victim two years from the date they became an adult to decide to pursue a dog bite injury settlement. Despite this flexibility in childhood dog bite cases, families should speak with a dog bite lawyer in the days after their child’s injury to protect case evidence and determine the best strategy for securing damages.
Pennsylvania Laws Governing Dog Bites on Rental Properties
The Pennsylvania Courts allow claims against the landlord of a rental property when:
- The landlord knew of a dangerous dog in the building
- The landlord had taken responsibility for the dog in the past
- The landlord was informed of past dog attacks by the animal in the building and did not take proactive steps to remove the dangerous dog (Polermo v. Nails, 334 Pa. Super. 544, 483 A.2d 871 (1984).)
The Pennsylvania Dog Bite Laws Governing Dog Bites at Work
With an increasing number of individuals working delivery jobs for companies such as Uber and Amazon, the dog bite laws governing dog bites at work are generating increasing interest in Pennsylvania courtrooms. A primary element is the Dog Confinement Statute, which states:
It shall be unlawful for the owner or keeper of any dog to fail to keep at all times the dog in any of the following manners:
(1) confined within the premises of the owner;
(2) firmly secured using a collar and chain or other device so that it cannot stray beyond the premises on which it is secured
Dog owners who fail to uphold their responsibilities under the Dog Confinement Statute may be responsible for the ensuing injuries their dog causes, with potential damages such as:
- Medical benefits
- Lost wages
- Loss benefits related to disfigurement or permanent loss
Get 24/7 Answers to Your Dog Bite Law Questions
The laws governing Pennsylvania dog bites can be challenging to navigate alone. Dog bite lawyer Jeffrey Penneys is your local Pennsylvania dog bite victims’ advocate. He and his law firm team have over 25 years of experience representing dog bite victims at negotiating tables and courtrooms throughout the state.
Whether you have a question about a potential case, or would like to begin taking legal action for your dog bite injuries, you can call Jeffrey Penneys at 215-771-0430 or book online for a free no-obligation case review.