If a dog attacks or bites someone, it is expected that the owner will be held liable. In the past, Pennsylvania had what was known as the “one bite rule” which meant that if a dog was reported to have bitten someone for the first time then the dog owner wasn’t held liable. However, this law no longer applies. Now, the dog owners can be held liable for a dog attack, even if it is the first incident since they are expected to keep their dog under control at all times.
In the Commonwealth of Pennsylvania, the medical expenses incurred by an individual who was attacked by a dog are the responsibility of the dog owner. The dog bite victim does not have to prove that the dog owner was negligent. The only thing that must be proven is that the owner was responsible for the dog at the time of the attack.
There may also be incidents where a third party may be held liable. For example, individuals who are not the owners but have control and are responsible for the dogs during the attacks or landlords who are aware that there are dangerous dogs kept on their property. Consequently, it is wise to consult an attorney who specializes in dog bite cases like Jeffrey Harlan Penneys, Esq. a Pennsylvania dog attack lawyer with 26 years of experience in helping injury victims. He will help you determine who is or are liable for your dog bite injuries.
Pennsylvania’s Confinement of Dogs Statute
The Confinement of Dogs statute states that dog owners and keepers must maintain control over their dogs at all times and take certain precautions to achieve this.
Firstly, dogs must be confined. This means that dogs must not be free to wander away from their property. Confinement can be achieved by keeping dogs fenced in or tied to a leash or chain.
Secondly, dogs must be restrained when they leave the property of the dog owners or keepers. Basically, when you take your dog out for a walk, you must restrain it using a leash so you are able to control it.
In the case, a dog bites or attacks someone, and if it can be proven that the owner failed to comply with these laws, the owner or the keeper may be held liable for more than just medical expenses.
Accountability Under Common Law Negligence
To argue that dog owners or keepers are liable for a dog attack or dog bite, it has to be proven that they did not take the required precautions to prevent their dog from causing harm. The actions, as mentioned, are proper confinement and restrain as well as failure to take action during a dog attack. The victim may seek damages that go beyond medical expenses. For example, if negligence is proven, a dog bite victim can be awarded damages which include loss of income and for physical and mental pain and suffering.
If you’re a Pennsylvania resident and you want to speak to our PA dog attack attorney about your case, please call Jeffrey H. Penneys 24/7 at 215-771-0430 or contact us online for a free dog bite case review. If there is no recovery, Mr. Penneys does not charge any fees.
