Dog Bite Lawyers in Pennsylvania: Medical Costs Are Strict Liability, the Rest Is Not
Pennsylvania splits the claim in two, and most people only hear about the first half.
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Pennsylvania splits a dog bite claim. Medical costs are recoverable from the owner regardless of whether the dog had ever bitten before. Pain and suffering requires more: either a severe injury as the statute defines it, or proof the owner knew the dog was dangerous. Report the bite to animal control, because that record is what proves prior knowledge in the next case.
Two halves of the same claim
| What you are claiming | What you must prove |
|---|---|
| Medical costs | Effectively nothing about the dog’s history. The owner is responsible for veterinary-style strict liability on medical bills |
| Pain and suffering, scarring, lost wages | Either that the injury was severe as the statute defines it, or that the owner knew or should have known the dog had dangerous propensities |
This is why two people bitten by the same dog can end up with very different claims. It is also why the paperwork after the bite matters so much.
The one-bite problem, and how to solve it
Proving an owner knew the dog was dangerous does not require a previous bite that drew blood. Prior lunging, growling at passers by, a “beware of dog” sign, the dog being kept muzzled or chained, previous complaints to a landlord, and previous animal control reports all go to knowledge.
Report the bite to animal control. Even where your own claim does not need it, the report creates the record. Most serious maulings in Pennsylvania are by dogs with a history that nobody wrote down.
Where the money comes from
Usually homeowner’s or renter’s insurance, and it typically covers dog bites, sometimes with breed exclusions. If the bite happened at the owner’s rented home, a landlord may also be responsible where they knew about a dangerous animal on the property and allowed it.
Ask for the owner’s name, address and insurer at the scene if you can. People often leave with only a first name and a description of the dog, which turns a straightforward claim into an investigation.
Children, faces and scarring
Most serious dog bite injuries in Pennsylvania are to children, and they are disproportionately to the face and scalp because of height. These cases have particular features: a child’s own claim generally does not begin running until they turn eighteen, scarring valuation should account for revision surgery over years rather than the first repair, and settlements for minors require court approval.
Do not settle a child’s facial scarring claim before a plastic surgeon has given an opinion on what the scar will look like at maturity and what it will take to revise it.
What to do
- Get medical attention. Puncture wounds infect, and rabies and tetanus questions are time sensitive.
- Report to animal control, and get the report number.
- Photograph the wounds the same day and then weekly as they heal. Scars are valued on how they settle, and nobody photographs them later.
- Get the owner’s details, their insurer, and the dog’s vaccination status.
- Note witnesses, including anyone who says they had trouble with the dog before.
The attorneys who handle these cases
Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.
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Kenneth R. Schuster
Founding Member
Read Kenneth’s background -
Justin M. Bernstein
Associate
Read Justin’s background -
Christopher D. Gasda
Associate
Read Christopher’s background -
Anthony S. Pinnie
Of Counsel
Read Anthony’s background -
Joseph J. Jachetti
Associate
Read Joseph’s background -
Andrew Valentin
Associate
Read Andrew’s background
Questions people ask us about this
Does Pennsylvania have a one bite rule?
Partly, and it is often misstated. Medical costs are recoverable from the owner regardless of the dog's history. Pain and suffering requires either a severe injury as the statute defines it, or proof the owner knew the dog had dangerous propensities. So the first bite is not free, but the second half of the claim needs more.
How do I prove the owner knew the dog was dangerous?
Not necessarily with a prior bite. Lunging or growling at passers by, a beware of dog sign, keeping the dog muzzled or chained, complaints to a landlord and previous animal control reports all go to knowledge. Reporting your own bite creates that record for whoever is next.
Who pays a dog bite claim?
Usually the owner's homeowner's or renter's insurance, which typically covers dog bites though some policies exclude certain breeds. Where the bite happened at a rented property and the landlord knew a dangerous animal was kept there, the landlord may also be responsible.
My child was bitten in the face. What should we be careful about?
Do not settle before a plastic surgeon has said what the scar will look like at maturity and what revision will involve. Scarring is valued over years, not at the first repair. A child's claim generally does not start running until they turn eighteen, and settlements for minors require court approval.
Do I have to report the bite?
Reporting to animal control is strongly advisable. It triggers the rabies and quarantine process, and it creates the official record of the dog's behavior. That record is frequently what allows the next person bitten to prove the owner already knew.
The dog belonged to a friend. Do I have to sue them personally?
In practice the claim is usually against their insurer rather than their savings, which is what homeowner's coverage exists for. It is a common and understandable worry, and it is worth a conversation before deciding to absorb the medical bills yourself.
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