Americans love their dogs. Domestic pets can be great additions to any family. Sadly, they are still animals and can have unpredictable behaviors. When pets attack, the injuries can be catastrophic, leaving permanent and irreversible injuries. Dog bites can require surgeries and skin grafts, leading to expensive and prolonged hospitalizations.
Further, children are more likely to be victims of dog attacks because they may not fully understand the risk or notice the signs of a triggered or aggressive animal. When someone is bitten and suffers a serious injury, it is important to reach out to an Allentown dog bite lawyer right away. While not every dog bite requires legal action with a personal injury attorney, it is worth noting that some bites may result in infections and even the transmission of diseases, which may not manifest for some time.
The law can be complex when it comes to holding pet owners accountable for dog bites. However, state law is clear. Under Pennsylvania Code § 459-502(b)(1), dog owners or anyone entrusted to keep or handle the dog on their behalf are statutorily liable for the harm their dog causes.
Some states apply the one bite rule, meaning when a dog has never been aggressive before, then the owner will generally not be liable the first time it attacks. This is not the case in Pennsylvania. Instead, strict liability is applied, meaning when a person’s animal hurts someone, that owner is liable for paying for the damages caused. In Pennsylvania because of the strict liability standard, you do not need to prove that the dog’s owner did anything wrong in order to be successful in your lawsuit for damages. Even if the dog had never shown any prior signs of aggression and the dog’s owner was not negligent in their handling of the dog, you could still recover damages against the owner just by showing that their dog bit you. An attorney in Allentown could further explain the relevant local and state laws involved in dog bite claims.
Dog attacks frequently result in devastating harm, which can include the following:
Dog bites can require surgeries and skin grafts, leading to expensive and prolonged hospitalizations. Bites can also lead to serious infections. Sadly, many survivors of dog attacks bear permanent physical and emotional scars. Some people suffer disfiguring scars, which can be a source of embarrassment and anxiety and can interfere with their overall quality of life. Other people develop debilitating fears of dogs that make it difficult for them to function in public or private settings where there could be dogs present. Our compassionate attorneys could meet with you to learn the full impact that the dog attack has had on your life.
For those who suffer a dog bite in or around the Allentown area, a skilled lawyer may be able to assist in recovering money for medical bills, including reconstructive surgery, and lost wages. We could also help you pursue compensation for your less tangible losses relating to the dog attack, including for your pain and suffering, mental anguish, disfigurement, decreased enjoyment of life, loss of consortium, and more.
Although Pennsylvania courts operate with a strict liability standard in dog bite cases, there are certain exceptions to keep in mind. For example, the two most common ways a person can end up not receiving compensation after a dog attack are when they provoke or harass the dog, triggering it to attack, and when they are trespassing or violating a law by being in the area where the dog bit them.
Antagonizing a dog can mean a lot of things, but usually, this includes actions like:
While there are many ways a person could provoke a dog to bite, this is a key defense dog owners and their attorneys often use to avoid liability. Our skilled attorneys could work with you to refute the theory that you were taunting the dog. We could help you establish that the dog attacked you for seemingly no reason whatsoever. We could speak with bystanders who observed the attack, who could testify on your behalf. We could also talk with neighbors, veterinarians, groomers, and other people familiar with the dog to help establish that the dog had a history of acting aggressively with no provocation.
If you were trespassing on someone else’s land when you suffered dog bite injuries, in most circumstances, you would not be able to pursue a lawsuit against the dog’s owner. However, you would be eligible to pursue a claim in certain situations. For instance, if the dog’s owner knew that you regularly used their yard as a cut-through and they commanded their dog to attack you, the owner could be liable for intentionally trying to harm you. Similarly, if the dog’s owner knew that people cut through their yard and they also were aware that their dog was aggressive, and they still let the dog roam free in the yard, that could be considered reckless, and the dog’s owner could be legally responsible for your injuries.
The law sometimes treats children differently than adults. For instance, a child may not be treated as a trespasser in some situations where an adult would be. The court often considers whether a reasonable child would understand the risk. If there was something in a yard, such as a cute dog, that enticed the child to trespass, a court could hold the property owners legally responsible for the costs of the child’s injuries because the child would not have been able to appreciate the danger. Dog bites to children also tend to result in more severe injuries for several reasons. First, children do not always understand how to safely approach a dog. They might approach it from behind or move too fast toward a dog. Instead of putting out their hand for the dog to sniff, a young child might put their face right in a dog’s face while putting their arms around its head. Consequently, children are more likely to suffer facial lacerations. Additionally, because children are shorter and less strong than adults, a dog would be more likely to bite their faces and knock them over, leaving them more vulnerable to longer attacks. A child would not know how to extract themselves from a potentially terrifying situation as fast as an adult would.
Our knowledgeable local legal team has successfully handled many legal claims involving both children and adults. We understand the physical and emotional challenges that dog bites to children present, and we would work to handle the matter as sensitively and effectively as possible.
Figuring out whether a person has a valid claim for injuries can be much easier when working with an Allentown dog bit lawyer who frequently handles these cases. State law only gives someone injured by a dog two years from the date of the attack to file a lawsuit, so having an attorney will reduce the chance of missing key deadlines and losing out on compensation altogether. Call now to discuss your case and legal options.