Trick-or-Treaters and Front Door Dog Bites: Who Is Liable When a Dog Attacks on Halloween in Montgomery County?
For most families, Halloween in Montgomery County is a fun night. Families go from house to house collecting candy. They see friends and family dressed up in their spookiest costumes. Watching scary movies at home after a night of trick-or-treating. These are the kinds of memories a family wants to enjoy for years to come.
However, unintended consequences may occur during a night of fun. Specifically, dogs, even inside the home, can threaten a child or their parents.
A Homeowner’s Duty of Care
The first element in a personal injury claim is Duty. In other words, does the dog’s owner owe the injured person a duty of care? To answer this question, we must determine how the individual came onto the property in the first place.
Trick-or-treaters in Montgomery County are most likely classified as licensees. The same applies to anyone who enters property with the property owner’s permission. When a property owner has several weeks or more to consider an appropriate response, a child on another person’s property still owes a basic duty of care.
Defining What a Licensee Is
A property owner must warn a licensee on their property of any hazards or dangers. This applies to any condition that a licensee could not have perceived on their own, absent the warning.
For our purposes, a dog that bites and injures a child on Halloween falls into this category of person. A sign should be prominently displayed on the property indicating that a dog is present. If the dog owner does not post a sign or other warning on the property, it becomes easier to argue that the duty of care has been violated.
For property owners, it is difficult to determine where to draw the line when it comes to warning the public about dangerous conditions on site. Essentially, any condition on the property that is difficult to identify should be warned about. Failing to warn of a dangerous condition certainly increases the likelihood of an injury. Simply put, if a homeowner fails to put the dog into the backyard, fails to warn a child or their parent of the dog being loose, or is unable to prevent the dog from biting someone, there is a strong argument for liability on the part of the property owner towards the licensee who has entered their property.
Dog Owners Must Be Vigilant on Halloween
Even if the property owner had no idea of their dog’s propensity to bite, that does not lessen the owner’s responsibility to take precautions to prevent it. This responsibility extends to invitees and trespassers.
Unfortunately, even dogs that are normally friendly and not prone to biting may bite under the “right” circumstances. This could happen if the dog is having a stressful evening or perceives a child or parent as a threat to its safety.
Relevant Pennsylvania Laws Governing Dog Owners
In Pennsylvania, dog owners owe a duty to take reasonable steps to help ensure the safety of people who may be in the vicinity of their dog. For instance, a dog owner must keep their dog on the premises and securely restrained with a collar or chain so it cannot stray beyond the premises. This type of situation is especially relevant if a dog leaves the owner’s grounds and bites someone on a sidewalk or in the street.
The former Pennsylvania law held that a dog owner was responsible for a dog bite only if there was evidence that the dog had previously bitten a person or had a tendency to bite a person. That said, Pennsylvania law does not require evidence of a propensity to bite. Liability attaches now even if the dog’s biting history includes only a single instance of that behavior.
A Dog Bite Victim’s Best Course of Action
Dog owners in Montgomery County have a significant responsibility to keep their animal confined to their home and away from people. The formerly acceptable defense, “This is the first time the dog has done this,” no longer applies. From the first bite forward, Pennsylvania state laws may impose criminal liability on the dog owner.
Where does that leave the victim of a Halloween night dog bite? First, the bite victim needs appropriate medical care to protect their health. Seeking urgent care or emergency room treatment is usually a good idea to assess the bite’s severity and help prevent infection. The emergency care provider may recommend follow-up care.
From there, the victim of a dog bite must consider whether they can go about their normal activities despite the bite. In extreme circumstances, this could mean an adult missing work or a child missing school. Document days spent away from school or work for reference. Document medical bills, therapy costs, and other expenses. These out-of-pocket medical and other costs will form the basis of the economic damages alleged in a dog bite case.
Contact Anthony C. Gagliano, III, Esquire, P.C. for a Free Case Review
Being bitten by a dog on Halloween is a helpless position for a person to be in. A night of enjoyment can suddenly turn into a nightmare. An experienced Montgomery County dog bite attorney, Anthony C. Gagliano, III, Esquire, P.C., represents clients injured by dog bites. Contact our office today for a free case review.