How to Navigate a Dog Bite Claim: The Basics

Navigating the aftermath of a dog bite injury can be complex, especially when you know the dog and its owner. In Pennsylvania, dog bite laws involve precedents like the “one bite” rule, negligence of the dog owner, and strict liability. In this article, we walk you through the steps to take following a dog bite, discuss the importance of gathering evidence, and explain why consulting with a knowledgeable Pennsylvania dog bite lawyer is so essential. 

Understanding Dog Bite Liability in Pennsylvania

Pennsylvania’s approach to dog bite liability combines elements of the “one bite” rule with elements of negligence law and strict liability, making it essential for bite victims and dog owners to understand their legal responsibilities and rights.

In Pennsylvania, a dog owner’s liability for a dog bite or dog attack is somewhat complicated and the so-called “one-bite rule” does not strictly apply as it might under other state laws. Under Pennsylvania law, a dog owner can be held liable for injuries and damages caused by a dog bite even if the animal has never previously bitten anyone. However, a dog owner’s knowledge of the potential danger, regardless of prior incidents, is the most important element in holding a dog owner and/or their insurance carrier responsible for a dog attack.  If a dog owner has reason to believe that his or her dog might bite or attack someone, they can be held liable even in the absence of a previous bite.  Accordingly, while a prior bite or attack might help prove that the owner should have been aware of the potential for another attack, it is not an absolute requirement under the law to hold a dog owner responsible.  When it comes to medical bills and medical expenses incurred from a dog attack, the dog’s owner is strictly liable, meaning they are legally responsible regardless of the dog’s past behavior.

Other things to consider:  Dog owners must adhere to local leash laws, ensure proper containment like fencing, and provide adequate training to minimize risks. Victims of dog bites should know they are entitled to seek compensation for their injuries, which includes medical costs, pain and suffering, and possibly more, depending on the severity of the attack and resultant injuries and harm.

Gather Evidence

After getting to safety / making sure that the animal has been secured and seeking medical attention following a dog attack, evidence must be gathered. This process is fundamental to building a strong legal case or claim for compensation, whether the victim knows the dog or not. Some essential steps to effectively collect evidence after a dog bite incident include the following:

1. 1. Document the incident: Record all details such as the date, time, and location immediately after the event. If possible, secure statements and contact information from any witnesses, as these can provide helpful third-party perspectives.  
   2. Photograph injuries and the scene: Take clear photos of your injuries as soon as possible after the attack and as they heal. Also, photograph the location of the attack and the dog if possible, to document the scene and the aggressor.
   3. Collect medical records: Obtain all medical documentation related to the treatment of the dog attack.  This includes reports from visits to the emergency room, follow-up treatment, and receipts for any related medical expenses.
   4. Save communication records: Keep copies of all communications with the dog owner, witnesses, and authorities. This can include emails, texts, and notes from phone conversations.
   5. Report the incident: File a report with your local animal control or the police to create an official record of the incident, which might lead to an official investigation by the authorities which can be vital to your case.
   6. Document your knowledge of the dog: If you know the dog or the owner, document any information and evidence you might have regarding the dog’s history, prior bites and the dog’s propensity for aggression.

Gathering comprehensive evidence is the cornerstone of building a robust case for a dog bite claim. Thorough documentation and proactive steps taken immediately after the incident can significantly enhance the strength of your legal position and the potential for recovering damages.  The attorneys and staff at Solnick Lawyers will help you gather the evidence necessary to pursue a legal claim based on a dog bite or dog attack.

Analyze Your Options

Once you have gathered initial evidence, the next step is to analyze your legal options. Understanding the potential routes for recourse and the implications of each choice will inform your decisions as you pursue the most appropriate course of action for your situation.

The complexities of dog bite law in Pennsylvania make consulting with an experienced dog bite lawyer indispensable. For example, navigating the “victim provoked the dog” defense can be particularly complicated. A lawyer with experience in personal injury and handling dog bite cases can offer advice based on the specifics of your situation. They will evaluate the evidence you’ve collected, interpret local laws, help gather additional evidence and assess the strength of your case. Your attorney will help you understand your options and work with you to build the strongest possible claim.

• Insurance claims: If the dog owner has homeowner’s insurance that covers dog bites, filing a claim with their insurance company might be the first logical step. Solnick Lawyers can handle communications, presentation of evidence and settlement negotiations, aiming to secure a fair settlement that covers all your medical bills, lost wages, and compensation for pain and suffering.
• Legal action: In cases where an insurance carrier is not willing to provide coverage fro a dog attack, or if a settlement offer is insufficient, legal action might be necessary and your lawyer can file a lawsuit on your behalf. 

Both of these steps will be bolstered by evidence suggesting that the owner knew the dog had a history of aggression, or was negligent, which can influence the type and amount of compensation to which you are entitled.

Your lawyer will also discuss with you the types of damages you might be eligible for:

• Compensatory damages: This type of compensation is intended to make the victim whole again and cover direct costs like medical expenses, rehabilitation, lost earnings and compensation for pain, suffering and emotional distress.
• Punitive damages: In cases of egregious negligence or if the owner knowingly allowed a dangerous dog to roam free, you may be eligible for punitive damages. These are not related to direct losses but are intended to punish the wrongdoer and deter similar behavior in the future.

As your case progresses, communication between you and your attorney is critical, both to strategize and analyze the state of the case.  New evidence may come to light, and negotiations with insurance companies and alleged defenses may shift the trajectory of your claim. An experienced dog bite lawyer will prepare for these changes, keep the lines of communication open and adjust your strategy accordingly to optimize the outcome.

Consult With an Experienced Dog Bite Accident Lawyer

If you or someone you know has been the victim of a dog bite, don’t navigate the legal aftermath alone. Contact Solnick Lawyers today to schedule a free consultation. Our knowledgeable team is dedicated to defending your rights and securing the compensation you deserve. Let us help you through this challenging time with the guidance and compassion you need.  Solnick Lawyers is on your side!