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What Must You Prove to Recover Damages for a Dog Bite Attack?

Dog bite attacks can result in serious injuries, such as puncture wounds, deep skin gouges, nerve and muscle damage and even broken bones or head injuries if a victim is pushed to the ground. Permanent injuries such as disfigurement can result. Victims also may require extended physical therapy. If you have suffered harm in a dog attack, you need to know about your right to financial compensation.

Pennsylvania statute provides that an owner or keeper of a dog that attacks someone is strictly liable for the victim’s medical costs. This liability applies regardless of the owner's conduct or prior knowledge of the dog's aggressiveness. However, for a victim to obtain damages beyond medical costs — such as for lost wages, pain and suffering or emotional distress — they must prove that the owner was negligent or knew the dog had dangerous tendencies.

Negligence by a dog owner can include various forms of carelessness. Failing to secure a dog in a fenced yard, not using a leash in public areas where required or ignoring local regulations about animal control can all be considered negligent acts. The reasonable care required in controlling or restraining a dog depends in part on the dog’s level of aggressiveness and of the owner’s awareness of it. 

A dog is considered dangerous if it has exhibited behaviors that could foreseeably cause injury. This can be shown by a history of attacking human beings and/or domestic animals without provocation or by a demonstrated propensity to do so. A propensity to attack may be proven by a single incident. This does not mean, however, that a dog must have previously bitten someone to be considered dangerous. Signs of dangerousness can include growling, snapping or aggressive posturing toward people or animals. 

There are defenses that a dog owner might raise against claims of negligence. One is that the dog escaped despite the owner’s exercise of due care. Another defense is provocation, namely that the victim’s actions incited the dog to attack. (However, this defense cannot be raised if the victim is a child.) Still another defense is that the victim was unlawfully on the owner's property at the time of the bite. A landlord is generally not responsible for attacks by a tenant’s dog if the tenant has exclusive control over the premises, unless it can be shown that the landlord knew of the dog and its dangerous nature.

If you are attacked by a dog, take pictures of the animal, your injuries and the scene in general. Preserve any clothing that might have been torn or stained. Promptly seek medical attention for your wounds and keep a record of care received. Then, contact an experienced Pennsylvania dog bite attorney, who can analyze the details of your case, investigate the dog’s history and build a case for recovery of damages. 

Phil DiLucente & Associates, LLC in Pittsburgh advocates on behalf of Pennsylvanians who have been injured in dog bites. To arrange a free initial consultation, please call 1.800.GET.PHIL or contact us online.

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