Pennsylvania law is clear that a landlord is liable for all damages when a person is seriously attacked, or if the person is attacked and the dog has previously been considered dangerous. Victims can recover full compensation if the dog owner was negligent or does not comply with state dog laws. Pennsylvania holds dog owners and sitters strictly responsible for payments of victim's medical costs. Full compensation is only available if the victim can prove that the owner of the dog, guardian or harbor was negligent or knew the dog had dangerous propensities.The statute of limitations for all Pennsylvania personal injury cases (including dog bite claims) is two years.
All personal injury claims, including those arising from dog bites, must be filed within two years of the date the injury occurred. If you try to file your lawsuit more than two years after the date of your injury, it is almost certain that the court will dismiss it, unless a rare exception applies to effectively extend the deadline.Dog bite cases in Pennsylvania are governed by statutes and case law. According to Pennsylvania statutes (3 P. S.
§ 459-502), a landlord is liable for all damages when a person is seriously attacked, or if the person is attacked and the dog has previously been considered dangerous. Proof of fault is not required here.But it is important to note that this law does not hold the landlord liable for other damages resulting from the incident, such as pain and suffering and loss of income. However, that doesn't mean that a Pennsylvania dog owner is free from these kinds of losses. That is where jurisprudence comes into play (rules derived from judicial decisions).
Courts in Pennsylvania have held that a dog can demonstrate vicious tendencies without necessarily biting someone, but also that a single previous bite does not automatically lead to the conclusion that the dog is cruel.Generally speaking, if the dog owner violates Pennsylvania law requiring that the animal be subject at all times, a finding of negligence will occur. In a malpractice lawsuit, the dog owner will be on the legal hook for the entire spectrum of the claimant's losses, meaning medical bills and non-financial effects such as pain and suffering.If the injured claimant is found to have any level of legal liability for their damage, the Pennsylvania comparative negligence rule will apply, and if the claimant's share of fault is 50 percent or less, any court award will be reduced in direct proportion to the percentage of fault.If you are on either side of a Pennsylvania dog bite lawsuit as the owner of the animal or as someone who suffered an injury, it may be time to discuss your situation with a personal injury lawyer. Prior to amendments to Pennsylvania's dog bite laws and recent court rulings, a dog owner received a pass for the first dog bite if they could prove that their dog had no history of assault. This is not the case today.
A dog owner can be held liable for damage caused by a dog bite, regardless of whether this is their first incident.The 1996 amendments effectively eliminated the previous interpretation of “a free bite” and now allow liability for a dog's first bite. That's why it's important to understand Pennsylvania's dog bite laws and how they apply to your situation. Because states can change their laws at any time, it's always a good idea to review current Pennsylvania statutes with this search tool.If someone is suing you for a dog bite or other injury that your pet allegedly caused you, consider talking to a personal injury lawyer. Local animal control laws can be used to prove negligence or misbehavior in a personal injury lawsuit.
According to modern precedents, those facts would certainly be sufficient to establish liability based on negligence.For example, if the dog owner knew that their pet was dangerous based on a previous history of aggression but allowed them to roam free anyway, then they may have a solid case. If they can prove that the person was invading their property or provoked their pet then they cannot be held responsible for any injuries and damages caused by their pet.Many states impose strict liability on pet owners but other states use the one-bite rule which holds owners accountable if they knew or should have known their pet was dangerous. Pennsylvania has strict liability statutes which hold owners liable for most dog bite injuries even if their pet has no history of being aggressive or they were not negligent.The person responsible for your injuries is usually the owner of the pet; however you may also be liable for your injuries if you intentionally caused it. Courts in Pennsylvania have set some rules about this so it's important to understand them before filing any lawsuit.
