Attorney Michael L. Saile
Navigate This Page
- What are the Dog Bite Laws in Pennsylvania?
- What Compensation Can I Get After Being Attacked By a Dog?
- How Severe Does the Dog Bite Have to Be to Sue in Pennsylvania?
- Can You Sue for a Minor Dog Bite in Pennsylvania?
- Defenses Dog Owners Might Use in a Dog Bite Case
- What to Do After a Dog Attack
- Will the Dog Be Put Down If I File a Lawsuit?
- Common Challenges in Dog Bite Cases
- How Long Do I Have to File a Dog Bite Case in Pennsylvania?
- Contact Cordisco & Saile for A Free Consultation On Your Dog Bite Case
Depending on the circumstances, you may be eligible to sue for a dog bite injury in Pennsylvania. If you have been attacked by a dog, it’s important to understand the law and what happens if you decide to pursue a lawsuit.
What are the Dog Bite Laws in Pennsylvania?
Pennsylvania has a complex set of laws governing dog bites. These laws blend elements of strict liability and negligence to determine whether you can sue for a dog bite and what damages you can pursue compensation for.
Strict Liability
In Pennsylvania, dog owners are strictly liable for medical expenses if their dog injures a person lawfully on public or private property, even if the owner did nothing wrong or the dog has never been aggressive before. The victim need not prove the owner was negligent.
However, strict liability does not apply if you provoked the dog or were not lawfully on the property. Therefore, if a dog bit you without provocation and you were lawfully on the property, you are entitled to compensation for your medical bills.
Negligence
You can only recover compensation for other damages, such as pain and suffering, lost income, or property damage, if you prove the owner was negligent. Negligent behavior may include failing to properly restrain or leash a dog or failing to take reasonable steps to control a dog with known vicious propensities.
Dog owners might defend themselves by claiming their pet escaped a properly fenced yard or that you were trespassing, which led to the incident.
What Compensation Can I Get After Being Attacked By a Dog?
In a dog bite lawsuit in Pennsylvania, you can pursue compensation for economic and non-economic damages.
Economic Damages
Economic damages cover your tangible financial losses, such as the following:
- Medical expenses
- Lost wages
- Lost earning capacity
- Property damage
Non-Economic Damages
Non-economic damages compensate for the more subjective effects on your life, such as the following:
- Pain and suffering
- Scarring and disfigurement
- Mental and emotional trauma
Every case is unique, and the compensation you may recover depends on the circumstances of your case. In one notable case, Cordisco & Saile recovered $275,000 for a client who had a part of her face bitten off by a dog during an altercation with her physically abusive boyfriend. Our client underwent surgery to repair the damage to her face, but visible scars remain. She also missed months of work and suffered from anxiety and depression due to the incident.
How Severe Does the Dog Bite Have to Be to Sue in Pennsylvania?
You can sue for any dog bite injury in Pennsylvania, even if it is a minor bite. However, the severity of your injury impacts the damages you may recover. You may hold the dog owner liable for medical expenses only if you did not suffer serious injuries. However, if you did suffer serious injuries, you may be able to seek compensation for a wider range of damages. Serious injuries include broken bones, disfigurement from lacerations, and those requiring cosmetic surgery. After a dog attack, you may also experience psychological issues in addition to physical injuries. Each case is different, and an experienced attorney can fight for the full compensation you deserve.
Can You Sue for a Minor Dog Bite in Pennsylvania?
If you’ve experienced a minor dog bite, you can sue the owner for medical expenses only. A minor dog bite means you’ve been bitten, but your injury isn’t severe, meaning no bones were broken or you don’t need multiple sutures or cosmetic surgery.
Get legal help from a team that will never stop fighting for you.
Defenses Dog Owners Might Use in a Dog Bite Case
In dog bite cases, owners could claim legal defenses to avoid or minimize liability. Some common defenses include:
- The victim provoked the dog by startling or teasing it.
- The victim was trespassing.
- The victim is a vet or works with animals, and they assume a risk of being hurt.
- The dog escaped a properly fenced yard.
What to Do After a Dog Attack
Your health comes first. If a dog has bitten you, go to the ER or urgent care for immediate medical care. Dog bites can cause infection or nerve damage. Thus, it’s crucial to have a medical professional evaluate you immediately after the incident. Then, take the following steps:
- Identify responsible parties: Identify the dog and get the owner’s name and address. Ask for the dog license. In addition to the dog owner, other parties who may be liable include dog sitters, dog trainers, and landlords.
- Document the incident: Take pictures of your injuries, including the wounds and any ripped clothing from the dog bite. If there are witnesses to the attack, get their names, addresses, and phone numbers.
- Report the dog attack: Report the attack to the Dog Law Enforcement Office and file a report with the local police. The Dog Law Enforcement Office and the police can help establish whether the dog has a history of attacks.
- Consult an attorney: An experienced attorney knows what to do after incidents like these and will help you recover the damages you deserve.
“Outstanding Attorney – Highly Recommended!
I had the privilege of being represented by Todd Sailor in a challenging dog attack case, and I couldn’t be more pleased with the outcome. From our very first meeting, Todd showed exceptional legal knowledge, genuine empathy, and unwavering dedication to our case. He communicated clearly, was always available to answer questions, and kept us informed every step of the way.
“Thanks to his hard work and expertise, we won the case—and I truly believe we couldn’t have done it without him. If you need a strong, reliable, and compassionate attorney, Todd Sailor is the one to call.”
Proving a Dog Bite Case in Pennsylvania
To prove that a dog owner is liable for your medical expenses, you need evidence of your injuries, like photographs, medical records, and witness testimony.
However, if you’ve suffered serious injuries and want to sue the owner for other damages beyond medical expenses, you must prove the elements of negligence:
- Duty of care: The dog owner owed you a duty to prevent their pet from causing harm.
- Breach of duty: The dog owner didn’t take steps to prevent their dog from biting or attacking you.
- Causation: The owner’s negligence was directly responsible for your injury.
- Damages: You have losses, like medical expenses and property damage, because of the incident.
Will the Dog Be Put Down If I File a Lawsuit?
The dog may be put down if the attack is a subsequent violation of Pennsylvania’s Dangerous Dogs law. In Pennsylvania, a dog is deemed dangerous if it has inflicted severe injury on a person or domestic animal without being provoked, or if it’s been used to commit a crime. Owners of a dangerous dog are required to register and restrain their dogs. If their failure to do so leads to your injury, the dog will be sent to a kennel or quarantined if needed. If the owner does not appeal after 10 days, the dangerous dog will be humanely put down. If the owner does appeal, they will confine the dog during the proceedings.
Common Challenges in Dog Bite Cases
Insurance companies might try to prevent or minimize liability and downplay the severity of the injuries. An experienced personal injury attorney knows insurance companies’ tactics and how to counter them. Another common challenge in dog bite claims is the lack of witnesses to the attack, making it difficult to prove a dog owner’s negligence. In that case, see if nearby security cameras recorded your attack.
How Long Do I Have to File a Dog Bite Case in Pennsylvania?
In Pennsylvania, you have two years from the incident date to file a lawsuit if you are 18 or older. If you are a minor, you have until your 20th birthday to file a dog bite lawsuit.
Two years may seem like a long time, but getting started as soon as possible is important to build a strong case. When you begin immediately, you can recover more evidence, whether that’s getting in touch with witnesses or documenting your injuries for a full picture of the effects of the attack.
Contact Cordisco & Saile for A Free Consultation On Your Dog Bite Case
Pennsylvania law protects dog bite victims and gives them the right to recover damages, such as medical expenses, pain and suffering, and property damage. If you’ve been attacked by a dog, Cordisco & Saile LLC can help. Our award-winning personal injury lawyers provide high-quality legal representation and will guide you through the complexities of the state’s dog laws.
Contact us online or call 215-642-2335 for a free consultation today.
Serving as a personal injury attorney in Pennsylvania, Michael Saile has been honored as both a Brain Injury Top 25 Lawyer by National Trial Lawyers and a 2024 Super Lawyer. He earned his J. D. at Widener University School of Law where he was a member of the Moe Levine Trial Advocacy Honor Society. Saile is also the author of two publications titled “Not Another Bad Lawyer” and “Don’t Crash Again”.
