Philadelphia Dog Bite Claim Frequently Asked Questions (FAQs)

Under Pennsylvania law, negligence is defined as: “Failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.”

This means that if someone did not act reasonably, or did not show a reasonable amount of care, they were negligent. For example, if the stairwell in a building had no handrails, and someone falls down the stairs, they may be found negligent for having no handrails when they should have.

If you were no more than than 50% at fault for your accident, you may still be able to collect damages from the other at-fault party or parties. However, the amount you collect will reflect your own involvement in your injury. For example, if someone else were found to be 60% responsible for your injuries, they would also be responsible for 60% of your medical expenses and lost wages. This legal concept is called comparative negligence.

Punitive damages are rewarded to the injury victim in order to punish the offending party and set an example for others. These damages, also known as exemplary damages, are only awarded in Pennsylvania injury cases where the at-fault party displayed “outrageous or wanton misconduct.” For example, punitive damages might be awarded if your car accident was caused by a trucking company that purposely retained a dangerous driver, or if a company continued to sell a defective product knowing that consumers would likely be seriously injured.

Yes, many health insurance policies contain clauses that require injury victims to pay back healthcare costs when they receive personal injury settlements. This is because the healthcare company initially paid for your medical expenses out of its own pocket and expects the responsible third party to pick up the bill in the future. This is called a healthcare lien.

As your local injury attorney, I can both negotiate a fair settlement with the insurance company and negotiate with your healthcare lien holder. Both of these negotiations are designed to put money in your pocket and get your medical expenses taken care of in a fair manner.

In some cases, if you have signed an agreement with your local injury attorney, your lawyer can settle your case and sign the paperwork without your consent. However, I would like to make it clear that I will never settle your case without explaining the settlement to you, talking to you about other options, and reviewing the risks of not accepting the offer. At my law offices, I believe in fully partnering with my clients and making sure they are aware and educated at every step in the settlement process. You should be part of every decision, from beginning to end.

Very simply put, negligence is a legal term that means the failure to take reasonable, proper care that results in damage or injury. In other words, if a person or entity is at fault for your dog bite, they could be found negligent. Put another way, if a person or entity should have prevented your dog bite injuries under the law, they could be found negligent.

Examples of negligence in dog bite cases could include an owner who repeatedly allowed his dangerous dog to escape from his yard or a landlord who knowingly lets a dangerous dog reside on his property.

If your dog bite attorney can prove negligence, you may be able to collect compensation from the at-fault party.

It depends. In Pennsylvania, if you are a minor who is seven years old or younger, you cannot be held responsible for what happened. In these cases, even if a dog bites your young child after she jumps on top of the animal or pulls its ears, she is not to blame for her injuries.

If the injured party is 12 years old or older, he or she can still recover money damages even if they are up to 50% at fault. If you are 51% or more at fault, you probably do not have a case. For example, if a person over twelve years of age teases a dog and gets bitten as a result, he or she will have no case for compensation.

• The dog’s owner.
• The dog’s keeper (the person responsible for the dog at the time of the attack).
• The property owner or landlord where the dog attack incident took place.
• The injured person.

After you or a loved one is bitten by a dog, be sure to immediately identify the dog and seek medical attention for your injuries. In the days and weeks following your injury, collect any and all information regarding your case, closely follow your doctor’s orders, and report any complications or psychological issues that surface in the wake of the attack. We do not recommend that you speak to the insurance company or settle your dog bite claim without first contacting an experienced Philadelphia dog bite attorney about your case.