Dog Bite Claims in Montgomery County: What Victims Should Know About Owner Responsibility
In Pennsylvania, dog owners must keep their animals restrained. Dog bites are painful and can cause long-term injuries to the victim. Missing time from work, pain and suffering, and medical bills are only the beginning of the damages a person may suffer as a result of being bitten by a dog.
When it comes to winning damages in a dog bite claim, the injured person must be able to prove that the dog caused them an injury through no fault of the person. Contrary to what many people believe, it does not matter whether the dog has ever bitten a person before.
Property owners, animal boarding house owners, and animal trainers may be held liable for injuries caused by dogs in their care. However, in most situations, it is dog owners who will bear primary responsibility for a dog bite.
What Does Pennsylvania Law Have to Say About Dog Bites?
In Pennsylvania, a combination of legal principles applies to dog bites. Both statutory law (law created by the state legislature) and judge-made law (laws created by appellate courts) dictate how the negotiation and possible litigation of a dog bite case will proceed.
As stated earlier, Pennsylvania does not adhere to the one-bite rule. The one-bite rule states that a dog owner is liable (legally responsible) for their dog’s behavior, no matter whether the dog has a history of biting people or any other aggressive behavior.
Pennsylvania approaches the subject of dog bites by using a unique approach to strict liability. An owner of a dog is automatically held responsible for medical bills that stem from their dog biting another person and causing injuries. However, for an injury victim to recover additional damages, it must be found that the dog owner was negligent in supervising their animal.
Proving Negligence in a Montgomery County Dog Bite Case
It is somewhat difficult to prove negligence in a dog bite case. There must be sufficient evidence to prove that the dog owner knew that their dog had unmistakable vicious tendencies. Despite this knowledge, the animal owner must have failed to take steps that a reasonable person would have taken to supervise and control the dog. A lawsuit in which negligence must be proven to recover additional damages must be filed within 2 years of the dog bite.
Strict Liability for Dog Owners
Pennsylvania takes the offense of a dog bite. The owner of a dog that bites another person is strictly liable for the medical expenses incurred as a result of the bite. It does not matter if the dog has a long history of biting or no history at all. Even when the dog bite is the animal’s first time biting a person, the owner will be held responsible for at least the medical bills associated with the bite.
Dog owners may also be held responsible for injuries under common law theories of negligence. When the dog owner’s failure to care for their dog to the extent that a reasonable owner would have shown leads to a bite, the owner will be held responsible for those injuries.
The most common example of a dog owner failing to act reasonably relates to not having a leash on a dog. When an owner takes a dog into a public place without a leash, nd the dog bites a person, then that owner is very likely responsible for those injuries.
Responsible Dog Ownership in Pennsylvania: What Must a Dog Owner Do?
Montgomery County is home to many towns with local laws requiring a dog to be kept on a leash no longer than 6 feet. Any county-owned parks and trails have the same restrictions regarding dogs needing to be on leashes. When these laws are not followed, and a dog bites another person, significant legal consequences apply.
Determining Next Steps After Suffering a Dog Bite
Being bitten by a dog means that the bite victim must take action. The recommended steps taken include:
- Contacting law enforcement to document the situation
- Seeking appropriate medical attention
- Contacting an experienced Montgomery County dog bite lawyer as soon as possible
By being proactive and making a decision to protect themselves and their rights, a dog bite victim need not be passive in situations that demand that they stand up for their rights.
What are the Different Types of Compensation Available in a Dog Bite Case?
Suffering an injury due to a dog bite means that a range of compensation may be available. A visit to the emergency room and any subsequent medical care will result in medical bills, which are a type of economic damage. Also included within the category of economic damages are lost wages due to missing time from work.
Non-economic damages include pain and suffering as well as emotional distress. It is a harrowing experience being bitten by a dog. The memories and sense of unease that accompany a dog bite are not easily forgotten. To be sure, when a person suffers injuries in a dog bite, those injuries are not only physical in nature. Rather, emotional injuries can be just as severe as their physical counterparts and even more long-lasting.
Contact Anthony C. Gagliano, III, Esquire, P.C., for a Free Case Review
Dog bites are among the most serious injuries a person can suffer from an animal. Do not take your health for granted. Contact Anthony C. Gagliano, III, Esquire, P.C., today for a free case review. Our team of legal professionals takes seriously its responsibility to serve our clients facing difficult circumstances as a result of being bitten by a dog.