The role of a Philadelphia dog bite lawyer is often an emotionally charged one. Americans love their family pets, and no one wants their dog to be at the center of a legal dispute. However, aggressive dogs can be extremely dangerous, and bite victims deserve to be compensated for the injuries they sustain.
An experienced Philadelphia dog bite attorney can help you understand your rights under Pennsylvania law and seek the compensation you deserve after an attack.
What to Do Immediately After a Dog Bite in Philadelphia
The actions you take in the moments after a dog bite are critical for your health and your legal claim. If you have been attacked, it is vital to:
- Seek Medical Attention Immediately: Your first priority is your health. Go to an emergency room or urgent care to treat the wound and create an official medical record of the injury. Dog bites carry a high risk of infection.
- Identify the Dog and Owner: If it is safe to do so, get the name, address, and phone number of the dog's owner. Note the dog's breed and appearance.
- Report the Bite: Contact your local animal control or the Philadelphia Police Department to file an official report of the incident. This creates a piece of evidence.
- Document Everything: Take clear photos of your injuries as soon as possible. Also, take pictures of the location where the attack occurred.
- Get Witness Information: If anyone saw the attack, ask for their name and contact information.
- Do Not Speak to Insurers: Politely decline to give a recorded statement to the owner's insurance company until you have consulted with an attorney.
How a Philadelphia Dog Bite Lawyer From the Cochran Firm Can Help You
Dog owners have a responsibility to keep the public safe from the potentially dangerous instincts of their pets. If a particular owner fails to uphold this duty and allows their dog to bite you and cause injuries, a dog bite attorney can help you pursue compensation for the incident.
Regardless of how straightforward your case may seem, pursuing a lawsuit without the help of a dog bite lawyer is generally a bad idea. The legal process can be highly complex, and defense attorneys have plenty of strategies they can use to defeat or devalue seemingly straightforward claims. A capable dog bite lawyer in Philadelphia will ensure your case doesn’t fail because of a preventable issue.
To learn more about how a dog bite lawyer in Philadelphia can help you, reach out to us for a free initial consultation. Remember, we only charge fees as a percentage of successful lawsuit settlements or verdicts, so you don’t have to worry about being left out of pocket by pursuing a case.
Common Defenses in Pennsylvania Dog Bite Cases
Every dog bite case is different, and courts take a wide range of factors into account when deciding if a dog owner should be held liable for a bite. There are two main factors defendants can rely on to defeat these kinds of claims.
Trespass
A dog owner is less likely to be held liable for an attack if the victim was unlawfully trespassing on their property at the time of the incident. Unlawful trespass refers to entering someone's property without permission and with the intent to commit an unlawful act.
This defense often hinges on the legal concept of "duty of care." Generally, a property owner has a lower duty of care toward a trespasser than toward a guest or someone lawfully on the property. If the defendant in your case can prove you were trespassing at the time of the attack, the dog owner's liability may be significantly reduced or entirely dismissed.
Provocation
If you provoke a dog by doing something that is reasonably likely to upset or threaten the animal, you are less likely to succeed in a lawsuit arising from the incident. This rule also applies if you were doing something to threaten the dog’s owner at the time of the attack and the dog acted to protect the owner.
Understanding Pennsylvania's Dog Bite Law in Detail
Pennsylvania's dog bite statute is unique and creates two different paths for recovering damages. Understanding this distinction is key to your case.
Strict Liability for Medical Costs
Under Pennsylvania law, a dog owner is held "strictly liable" for all of the victim's medical costs resulting from a bite. This is a major protection for victims, as it means you do not have to prove the owner was negligent or that the dog was dangerous to have your medical bills covered.
Proving Negligence for Other Damages
To recover compensation beyond medical bills, such as for your lost wages, pain and suffering, or scarring, you must prove the owner was negligent. This means showing that the owner knew (or reasonably should have known) of their dog's dangerous propensities and failed to take proper precautions, such as violating a local leash law. A skilled Philadelphia dog bite lawyer is essential for proving this part of your claim.
What Is the “One Bite” Rule?
There is a degree of confusion around whether a “one bite” rule exists in Pennsylvania; that is, whether a dog is effectively allowed one free bite before it causes its owner to face liability.
This is not the case, although it can play out like this in some instances. Pennsylvania law states that a dog owner should be liable for an attack if they should reasonably have been able to foresee that an attack would occur. So, if the dog had an observed history of aggressive behavior leading up to a bite, a court may rule that the owner is liable on the occasion of the first such incident.
What Compensation Can a Philadelphia Dog Bite Lawyer Recover?
A severe dog attack can result in significant financial and personal losses that go far beyond the initial emergency room visit. Our goal is to secure a settlement that covers every aspect of your recovery. We fight for compensation for your Economic Damages, which are the calculable financial costs of your injury, including all current and future medical bills, the cost of plastic or reconstructive surgery for scarring, lost wages, and any therapy you need for emotional trauma. Just as importantly, we pursue Non-Economic Damages, which compensate you for the profound human cost of the attack, such as your physical pain, emotional distress, and the impact of any permanent scarring or disfigurement on your quality of life.
Frequently Asked Questions (FAQs)
Will the dog that bit me be euthanized?
Pennsylvania authorities generally do not insist that a dog be put down after biting a human in Pennsylvania. Exceptions to this general rule apply if the victim of the attack dies or if a court deems it too great a risk to public safety to leave the animal alive. A court may order that a dog be handed over to local authorities rather than left with its original owner.
How long do I have to file a dog bite lawsuit in Philadelphia?
In Pennsylvania, the statute of limitations for personal injury cases gives you two years from the date of the injury to file a lawsuit. If you allow this deadline to pass, you may lose your right to file suit in respect of the incident.
What breeds are most often involved in dog bite cases?
Dogs of every breed can be dangerous, but statistics show that some breeds are far more likely than others to bite humans. According to the World Animal Foundation, pit bulls (a class that includes the Staffordshire Bull Terrier, the American Bully, and the American Pit Bull Terrier, among others) are involved in 64% of reported dog bite cases. Other breeds with a noted tendency to bite include Rottweilers, German Shepherds, and Doberman Pinschers.
Does a 'Beware of Dog' sign impact my case?
These signs do tend to benefit defendants in dog bite cases, but they do not automatically absolve dog owners of responsibility. Courts take these signs into account alongside other relevant factors.
Can I still file a claim if I was partially at fault?
Pennsylvania follows a modified comparative negligence rule, which means that you can still recover damages even if you were partially at fault, as long as your degree of fault is not greater than that of the other party involved.
How much does a dog bite lawyer cost?
There are no upfront costs to hire our law firm. Our dog bite lawyers handle all cases on a contingency fee basis. This means we cover all the expenses of building your case, and we only get paid a percentage of the money we successfully recover for you. If we don’t win, you owe us nothing.
What is the average dog bite settlement in PA?
There is no "average" settlement amount, as every case is unique. The value depends on the severity of the injuries, the extent of scarring, the total medical costs, the amount of lost wages, and the strength of the evidence proving the owner's negligence.
What proof is needed to win a dog bite case in Pennsylvania?
To win a comprehensive dog bite case, you need proof of your damages (medical records, photos of injuries) and proof of the owner's negligence. Evidence of negligence can include witness testimony about the attack, a history of the dog's prior aggression, or proof that the owner violated a local leash law.
Why are children at a higher risk for serious dog bites?
Children are more vulnerable due to their smaller size and limited understanding of risk. A 2022 study revealed that younger children are more likely to be bitten on the head and face, injuries which often require surgery.
What are some key statistics about dog bites in children?
A study on dog bites found that boys of school-going age are more susceptible, as are children who are familiar with the dog or live in households with many dogs. The study also noted a significant increase in emergency room visits for dog bites after the start of the COVID-19 pandemic.
What are the most important safety tips for children interacting with dogs?
To prevent bites, it's crucial to teach children proper behavior around dogs. Here are some essential tips:
- Always ask for permission: A child should ask the dog's owner if it's okay to approach and pet the dog.
- Approach calmly: Instruct children to move slowly and quietly to avoid startling the animal.
- Present a closed fist: Teach children to let a dog sniff their closed fist before petting.
- Avoid direct eye contact: Tell children not to make direct eye contact, as some dogs may see this as a threat.
- Do not run or scream: This can excite or scare a dog and may lead to an aggressive reaction.
- Avoid disturbing dogs: Children should never bother a dog that is eating, sleeping, or with puppies.
- Pet properly: Show kids how to gently pet a dog, moving in the direction of the fur.
- Avoid pulling: Teach children not to pull on a dog’s ears, tail, or fur.
- Learn dog body language: Educate children on signs of a dog's discomfort, such as growling or raised fur.
- "Stand like a tree": If a strange dog approaches, a child should stand still and quiet with their hands at their sides.
- Report stray dogs: Instruct children to tell an adult if they see a stray dog.
- Always supervise: An adult should always be present to supervise interactions between dogs and children.
Contact Our Philadelphia Dog Bite Lawyers Today
A dog bite can derail your work, your emotional well-being, and your financial stability. In cases where dogs attack children, the outcomes are frequently much worse.
The Cochran Firm in Philadelphia will do everything possible to ensure that you receive fair compensation for your ordeal. Reach out to us today for a free consultation to discuss your options. You can reach us via our online form or over the phone at 800-969-4400.
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