Philadelphia’s Dog Bite Liability Laws Favor the Victim

Full owner liability in a dog attack is almost always a certainty, due to Pennsylvania’s strict dog bite negligence laws. All victims are entitled to medical compensation, regardless of whether the animal has ever shown aggressive tendencies before. The circumstances of the attack are largely irrelevant as well. However, when a victim has severe injuries, he may also be entitled to compensation for other losses, such as loss of wages, pain and suffering, damaged property, and more. The caveat to this, is that the animal must have a previous history of aggression or the victim must prove that the attack was unprovoked, he had a lawful right to be on the property, and that he needed multiple sutures, had broken bones, required plastic surgery, or was left with some other kind of serious injury because of the attack. In short, dog bite liability is almost always assigned to the owner, regardless of whether he attempted to stop the attack or not.

Failure to Stop an Attack in Progress May Have Bearing in a Criminal Case

Suing for medical injuries is considered a civil case, and it’s between the victim and the animal’s owner, though the owner’s home insurance policy will often pay the final settlement. However, the city, county, or state may also press criminal charges against the animal’s owner for failing to adhere to the local laws. For instance, he may face charges if the animal should have been on a leash at the time of an attack, if he encouraged the animal to attack, or if the animal was subject to Pennsylvania’s dangerous dog laws and he did not follow the mandates. He could also be considered criminally negligent for not attempting to stop the animal from attacking, and cases like this have gone to trial. This came into play during a trial over the death of Penn State graduate Diane Whipple, who was then living in California. The owners, or people responsible for the dogs that attacked Whipple, were convicted of murder in a criminal trial, for failing to stop the attack. In the civil suit, Whipple’s domestic partner was also awarded $1,500,000.

Philadelphia Dog Bite Lawyer

Even though dog bite liability laws in Philadelphia favor the victim, there is a lot involved in proving the extent of the injuries in order to receive a fair settlement that covers any ongoing medical needs, counseling, or other issues that have resulted from the attack. For this reason, it’s important to consult with a competent Philadelphia dog bite lawyer, prior to considering any kind of settlement or attempting to go forward alone on a case. This site is dedicated to helping victims get the information they need, and to connecting them with skilled local attorneys who will fight to ensure the victim does not suffer financially due to a pet owner’s negligence. If you or your child was attacked by someone’s pet, get in touch with one of the lawyers listed here for your no-obligation consultation today.

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Dog Bite Liability Types By Law

There are various laws in Philadelphia that may determine a dog owner’s liability.

The One Bite Rule: Many states will protect owners, and grant them some leeway if the animal has not attacked before. In these states, the owner may bear little to no responsibility for medical bills or other losses if the animal has no history of aggression. In Philadelphia, the owner is held liable, or responsible, for medical bills the very first time it hurts someone.

Strict Liability: There are also states that require victims to prove that the owner behaved negligently, whether by encouraging the animal to attack or failing to secure it with a leash. Pennsylvania is generally considered a strict-liability state, because the owner is held responsible, even if he did not behave in a negligent manner.

Dangerous Dog: Pennsylvania is also unique in that it has separate dog bite liability statutes for owners of known dangerous dogs. Animals with an aggressive history are subject to different licensing rules, and anyone injured by a known dangerous dog will qualify for greater compensation, even if the injuries are minor.

Types of Pet Liability Insurance

On top of the different legal dog bite liability types, there are various types of companies or plans that offer pet liability insurance for owners, and these pay out the majority of pet liability claims for dog bite victims. It’s important to note that the owner is still the responsible party, though through his personal contract with an insurance company, his policy will pay the damages.

Homeowner’s Policy: Usually, it’s the pet owner’s homeowner’s policy or renter’s insurance that offers dog bite liability coverage, though each policy has its own restrictions and guidelines.

Umbrella Policy: Sometimes, a pet owner may have coverage under another policy that will make payments if his animal injures someone. These are referred to as “umbrella” policies, because they cover a wide range of things. For example, a comprehensive auto insurance policy may cover the pet owner’s responsibilities as well.

Dangerous Dog Policy: Anyone can purchase general pet liability insurance, though owners of known dangerous dogs are required to have special pet liability insurance to cover potential injuries caused by their pet as part of the state’s dangerous dog statutes.

Philadelphia Dog Bite Lawyer

Dog bite liability types can be confusing, so it’s important to have an experienced attorney on your side who knows which laws and regulations apply, as well as which policies may cover dog bite liability, in order to ensure that a fair settlement is awarded. If you or your child was injured by someone’s pet, contact one of the attorneys listed on Philadelphia Dog Bite Lawyer for your free consultation today.

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