Pittsburgh Dog Bite Lawyer

A dog bite incident is much like an auto accident. In most cases, you should contact the police. That way you can get a police report, which can serve as important evidence should you need to pursue a dog bite lawsuit.

If the bite caused only very superficial damage that can be treated with simple first aid, then you may not need to call the police. It’s still a good idea, though, to report the incident within 24 hours to local animal officials. This helps create a record on that particular dog, in case it’s bitten people before or may bite someone again in the future.

If the incident caused severe injuries, seek medical attention immediately, then contact the police. This is also important if the dog is still in the area acting aggressively, or if there is a question about the dog’s vaccination history.

Finally, report the dog bite to the dog owner, if you can. If the owner is not around, tell the person in control of the dog at the time, or ask for the name and contact information of the owner.

There are a few major concerns with dog bites.

Infection

According to the Cleveland Clinic, roughly 50 percent of dog bites introduce bacteria—including staphylococcus, streptococcus, and past eurella, as well as capnocytophaga. Unvaccinated dogs may also carry rabies, so it’s very important to clean the wound immediately to help prevent infection. In rare cases, dog bites can lead to tetanus, a bacterial infection that can cause painful muscle contractions.

Signs of infection include swelling and redness around the wound, drainage from the wound, and a warm feeling around the wound.

Scarring and Disfigurement

Many dog attacks can inflict wounds that permanently scar, disfigure, or maim the victim. Some victims, particularly children, may suffer these types of injuries in visible places like the face. Victims may require stitches, skin grafts, plastic surgery, and more to help minimize the appearance of the scarring, and may be left with permanent scars that mar their appearance.

Psychological Effects

In addition to the physical health risks, there are also mental health risks of a dog bite incident. A dog attack survivor may suffer from post-traumatic stress disorder (PTSD), and be left with lasting psychological scars that cause nightmares, anxiety, sleep problems, and recurring fear around other dogs.

According to Quote Wizard, the average cost per dog bite claim in the nation is about $43,000. In 2019, there were nearly 18,000 dog bite claims in the U.S., totaling $802 million in total claim value—up $129 million from 2018.

When analyzing insurance information and other databases, Quote Wizard found that the average cost per claim in Pennsylvania was $35,561. And though every case is unique, successful plaintiffs can expect anywhere from $30,000 to $50,000 for their injuries.

Keep in mind that the total amount will be based on these factors:

• Medical expenses
• Lost wages
• Pain and suffering
• Disability benefits

In Pennsylvania, whenever a dog bites or injures someone, the owner is financially liable for the cost of all medical treatments related to the injury. That means there is no argument here—and you don’t have to prove fault. So if all you require is reimbursement for your medical expenses, you may not need to sue.

If, however, you suffered from other losses, such as pain and suffering and lost income, these are not automatically covered. To receive compensation for these losses, you will need to file a dog bite injury claim.

To have a successful case, you will need to prove that the harm you suffered resulted from the dog owner’s negligence. That means you need to show that the owner knew the dog had “vicious tendencies,” and that the owner failed to take reasonable steps to properly control the animal.

In the past, Pennsylvania courts have held that a dog can demonstrate vicious tendencies even if it hasn’t bitten someone before. In addition, if you can prove that the owner violated the law that requires the animal to be restrained, you will likely recover your damages. A dog bite lawyer can help you navigate the state laws to improve your odds of a successful outcome.

As mentioned above, in Pennsylvania, if you are bitten by a dog, the owner is liable for your medical expenses. If you suffered from other losses, you must file a dog bite lawsuit to recover those.

To have a viable case, you must be able to prove that the dog owner knew or should have known that his dog could be dangerous or vicious and that they failed to keep the dog confined on the property or a leash. Pennsylvania has a leash law that requires owners to maintain control over their dogs at all times.

That means if the dog was not on the owner’s property or a leash when the bite occurred, the owner will likely be found liable for damages.

As for proving the dog was dangerous if you can show any of the following apply, that will help your case:

• Prior bad behavior: Show that the dog repeatedly behaved in a threatening manner. You can gather video evidence and perhaps witness testimony of consistent growling or lunging at people, baring teeth, or barking ferociously at passersby.
• Attack breeds: Certain breeds, because they were bred for protection or as attack dogs, may be generally recognized as potentially dangerous. These may include the pit bull, Rottweiler, German shepherd, and Doberman.
• Mauling: If the first attack is severe, it may be reasonable to assume that the owner knew the dog was dangerous.

The dog owner does have possible defense claims they can make in a dog bite lawsuit. If they can show that the victim was trespassing on the dog owner’s property at the time of the incident, for example, they may not be held liable for damages caused by the dog.

Other factors may apply as well, including whether the victim provoked the attack. If the victim took food or a favorite toy away from the dog and it bit or snapped in return, the victim may not have a case.

The statute of limitations for dog bite claims is generally two years from the date of the attack. That means you have two years from the day the bite occurred to file a dog bite lawsuit. Once that date passes, you can no longer file a case concerning that incident.

There is one exception. If the victim of the attack was a child, the child typically has two years from their 18^th birthday to file a dog bite lawsuit.

It’s best, however, to seek assistance for a potential dog bite lawsuit as soon as you can. It takes time to fully investigate an attack and to build a strong case. Once you suspect that you may need to file a case, contact Chaffin Luhana for a free initial consultation.

In most cases, the dog owner is the one that will be held liable should the dog bite or injure someone.

In some cases, however, someone else may share in that liability. Perhaps a caretaker was responsible for the dog at the time—a kennel owner, dog groomer, vet technician, shelter employee, professional dog walker, or professional pet sitter. Pennsylvania law defines an “owner” as including every person having a right of property in the dog, every person who keeps or harbors the dog or has it in their care, and every person who permits the dog to remain on their property.

That means, in essence, that possession is the general defining indication of ownership. If a person lets an acquaintance stay in her home for a few weeks with his dog, for instance, and the dog bites someone, a court may determine that the person hosting the acquaintance is at least partially liable because they were harboring the dog at the time.

A landlord, too, may be held partially responsible for injuries inflicted by a tenant’s animals in some circumstances. In Pennsylvania, the following two factors must be proven to hold a landlord liable:

1. The landlord had actual prior knowledge of the animal’s violent tendencies
2. The landlord had the right to control the rental premises

Things can get more complicated when you’re talking about a friend who walks the dog as a favor or a neighbor who agrees to watch the dog while the owner is on vacation. In these cases, potential liability is less clear. Watch out for local laws, as well, as they may define dog ownership more broadly than state laws. Your dog bite attorney can guide you toward your best approach when seeking compensation.

Depending on the situation, an insurance company may pay a legal claim resulting from an animal bite injury.

In most cases, the owner’s homeowner’s insurance policy will cover liability arising from dog bites that occur on that property. The average amount of liability coverage is between $100,000 and $300,000—enough to cover the claims in most cases.

Many of these policies, however, will cover these damages only the first time. If the dog causes an injury a second time, the owner may be out of luck, as most insurance policies contain language that says they will cover only the first incident. Some insurance companies may also refuse to cover claims related to certain dog breeds like Pit Bulls or Rottweilers.

If the incident occurs away from the owner’s property, it depends on the insurance company whether they will cover the damages and how much they will cover. If the owner was walking the dog at the park when the incident occurred, the insurance company may still cover the expenses. But if the incident occurs in another state, they may not.

Homeowner’s insurance will not usually cover a dog bite that occurs in a car, but automobile insurance might. If the dog bit someone while in the back of a pickup truck, for instance, the auto insurance may cover it, but it depends on the policy.

Finally, there are insurance companies that provide insurance for pet owners. If the owner has this type of insurance, it will likely cover any expenses from a first incident, but often not for a second.

There are some cases where the owner does not have insurance that covers animal bites. Then, the owner will have to find a way to cover them on their own.

After a dog bite incident, take the following actions:

• If the injury is serious, call 911 immediately. Otherwise, get medical attention as soon as you can.
• Call the police.
• Identify the dog and its owner if you can.
• Report the incident to animal control.
• Gather all the evidence you can. Write down what happened, including information like the time, date, and location of the attack, the breed of the dog, the owner (if known), and any witnesses. Take pictures of your injury, any torn clothing, and of the dog if possible, as well as of the location.
• Consult with a Pittsburgh dog bite lawyer.

Several factors can make dog bite cases difficult. Having a dog bite attorney on your side improves your chances of getting the compensation you deserve.

• You may be reluctant to offend the dog’s owner. A dog bite attorney can help you successfully pursue your claims while maintaining a respectful relationship with the dog’s owner.
• Some evidence can be difficult to obtain. Though you can take pictures of your wounds and gather information on the owner, it can be difficult to determine the dog’s history. An experienced dog bite lawyer knows how to do this.
• Juries can be sympathetic to dog owners. After all, many people own dogs and understand that sometimes they may misbehave, or circumstances may occur that cause them to act differently than they usually do. A successful dog bite attorney can help persuade a jury that this dog was different and that you deserve to be compensated for your injuries.
• Liability can be complicated. Maybe in your case, a kennel owner, landlord, or another party should be held partially responsible for the dog bite injuries. Your dog bite attorney can help guide you through these issues.
• Some injuries are complex and long-lasting. If a child was injured in a dog bite incident, they may require plastic surgery in the future or psychological treatment. An experienced dog bite attorney can make sure that the award you receive is enough to cover present and future medical treatments.
• If the bite happened years ago, but the victim was a minor at the time, they may decide to file a claim when they turn 18. The case will be “cold” by then, but that doesn’t mean it won’t be successful. A dog bite attorney can help you gather the information you need.