According to statistics from the Centers for Disease Control, each year over 4.7 million innocent children and adults are bitten, maimed or killed in vicious dog attacks. And dogs are not the only potential threat. We've all seen media coverage of situations in which people have been attacked by all sorts of animals: snakes, chimpanzees, horses, etc. If an animal is a pet, it means it has an owner. And if it has an owner, it means that someone is responsible for its actions.
O'Malley & Langan represented a young boy who suffered permanent scarring due to injuries inflicted by a vicious dog. We aggressively pursued the homeowner's insurance company and proved the owner liable for the child's injuries. We were able to avoid a costly and time-consuming trial, never an easy experience for any family, negotiating out of court for the highest possible settlement to provide for the child's medical care and future related expenses.
While the vast majority of dog owners and their pets pose no danger to the public, some dog owners engage in irresponsible behaviors that lead to dog bites. Pet owners, particularly of high-risk breeds, should be aware that if their dog attacks a person, and/or the person's pet, they can be held liable under Pennsylvania's Dog Bite Law ("Dog Law") and the "Dangerous Dog Statute".
If the dog has never bitten before, Pennsylvania "Dog Bite" law has two different remedies; depending upon the severity of the injury. Injuries are classified as either severe or non-severe. Section 102 of the "Dog Law" defines a severe injury as, "any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery."The severely injured victim can make a "Dog Law" claim against the dog owner for medical expenses and all other losses and legal damages. The victim must prove that the dog inflicted severe injury on him without provocation. It does not matter whether the dog previously bit a person prior to biting this victim.
The non-severely injured victim can make a "Dog Law" claim against the dog owner, but the remedy is limited to only the medical expenses. (Sec. 502, subdivision (b) of the Dangerous Dog Statute: "Any cost to the victim for medical treatment resulting from an attacking or biting dog must be paid fully by the owner of such dog.") The victim only has to prove that the defendant was the owner of the dog.
You may be running out of time. Statutes of Limitations apply in many situations and may limit the time you have to file a claim. It may be in your best interest to discuss your case with one of our attorneys as soon as possible. If you need help, contact us immediately.