The Center for Disease Control and Prevention reports that over 4.5 million Americans are bitten by dogs every year, and a significant number of these bites require medical attention. With this staggering statistic in mind, it is clear the mailman is not the only person who should be wary of strange or unknown dogs.
Dog Owner Liability in Pennsylvania
Dog bites can result in simple scratches or cuts, but some can be severe enough that the victims require reconstructive surgery. Under most circumstances these victims are able to collect damages to compensate them for their medical bills, and pain and suffering.
One Bite ... Really?
Many people believe there is a "One-Bite" law in Pennsylvania. Essentially, this belief is that a dog gets one "free bite" before the owner can be held liable for any attack. In this way, the first attack would not carry any consequences for the owner. After the recent amendments to the Dog Law and following a new Pennsylvania Superior Court case, whatever might have been true about the "one free bite" rule now clearly no longer exists.
Now, any dog owner may be liable for the actions of his or her dog at the first bite or attack. Until recently, the victim would have had to show that the dog had a previous dangerous or violent tendency. Today, however, a jury may consider that the first attack is enough to establish whether the dog has a violent propensity or tendency to attack human beings.
So owners must take all necessary steps to secure their dogs and keep them from harming others. Interestingly, an "owner" is defined a bit more broadly than you may think. A dog "owner" is defined to include "every person who permits such dogs to remain on or about any premises occupied by him."
Also, quite importantly, and not so well known, is that a landlord who knows of the presence of a dangerous animal and where such landlord has the right to control or remove the animal by retaking possession or requiring the dog's removal, may also be liable for any injuries caused by the dog's attack. For this reason, a residential lease should, at minimum, bar any tenant from keeping or permitting a dangerous dog on the premises. The lease may also indicate that the tenant will be responsible for any injuries caused by a dog owned by him or her, or allowed to stay on the premises.
Contact a knowledgeable personal injury lawyer for the specific, suggested language for such a lease agreement and, by all means, keep that dog on a leash.
I Was Bitten - What Next?
The first thing someone should do if they suffer a severe dog bite is seek medical attention immediately. However, everyone should gather certain information and take steps to protect their rights:
- Name and address of the owner and potential witnesses
- Photos of wounds or other injuries
- Owner's insurance information
- Dog's license, if possible
- Do not sign anything other than necessary medical forms
Finally, it is important for victims to consult an experienced personal injury attorney as soon as possible. An attorney will help assert potential claims against the dog's owner, negotiate potential settlements with an insurance company, and help reduce the stress and worry inflicted upon the victim.
