Dog Bite Lawyer: Your Rights Under Pennsylvania's Dog Law

Who pays when a dog bites you in Pennsylvania?

Under Pennsylvania's Dog Law, the owner or keeper of a dog that bites or attacks a person must pay the victim's medical treatment costs in full. For other losses, such as lost wages, scarring, and pain and suffering, you generally need to show the owner or keeper was negligent, for example by letting the dog run loose or ignoring signs that it was likely to bite.

In practice, the payment usually comes from the owner's homeowner's or renter's insurance policy, not the owner's pocket. Many people hesitate to make a claim against a neighbor, friend or relative. A claim is typically handled by the insurer, and that is what the coverage is for.

What Pennsylvania's Dog Law says

The Dog Law, 3 P.S. § 459-101 and following, sets several rules that matter in a bite case.

• Medical costs: any cost to the victim for medical treatment resulting from a biting or attacking dog must be paid fully by the dog's owner or keeper (3 P.S. § 459-502(b)).
• Control: owners and keepers must keep a dog confined on their premises, firmly secured so it can't stray, or under reasonable control (3 P.S. § 459-305). A dog running loose when it bit someone is strong evidence of carelessness.
• Quarantine: a dog that bites a person must be confined and isolated for at least ten days so it can be checked for signs of rabies, and the investigating officer notifies the victim of the result (3 P.S. § 459-502(a) and (b)).
• Severe injury: the law defines a severe injury as a physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery (3 P.S. § 459-102).
• Dangerous dogs: an owner can be found guilty of harboring a dangerous dog if the dog inflicted severe injury on a person without provocation, attacked a person without provocation, or has a history of such attacks. Owners of dogs declared dangerous must carry at least $50,000 in liability insurance or a surety bond for anyone the dog injures (3 P.S. § 459-502-A).

Proving negligence for your full losses

To recover beyond medical bills, the claim usually shows the owner or keeper did not take reasonable care. Evidence can include a loose or unleashed dog in violation of the Dog Law's control rule, a broken fence or gate, prior bites, lunging or snapping incidents the owner knew about, complaints from neighbors, or a prior dangerous dog finding.

Pennsylvania's comparative negligence rule applies, so insurers sometimes argue the victim provoked the dog or ignored a warning. Your damages are reduced by any share of fault assigned to you, and recovery is barred only if your share is greater than the combined fault of the defendants.

Landlords, dog walkers and other keepers

The Dog Law's duties apply to owners and keepers, so a person caring for the dog, such as a dog walker, a pet sitter, or a relative watching it, may be responsible along with the owner. A landlord may share responsibility in some cases, for example when the landlord knew a tenant's dog was dangerous and had the ability under the lease to require its removal from common areas. Each situation depends on its facts, and we look for every available insurance policy.

Injuries beyond the bite

Dog attacks cause more than puncture wounds. People are knocked to the ground and break wrists or hips, children suffer facial injuries that need plastic surgery, and bites can become infected or damage nerves and tendons. Letter carriers, delivery drivers and home care workers are often bitten on the job; they may have a workers' compensation claim and a separate claim against the dog's owner.

Many victims, especially children, develop anxiety or fear of dogs after an attack. That emotional harm is part of the claim when it is documented by a counselor or doctor.

What a dog bite claim can include

The owner or keeper's duty to pay medical treatment costs covers the emergency room visit, stitches, antibiotics, rabies shots if they were needed, follow-up visits, and plastic surgery for scarring. Keep every bill and receipt, including prescriptions and mileage to appointments.

When the owner was negligent, the claim can also include lost wages for time missed from work, the cost of future scar revision or therapy, and compensation for pain, scarring, disfigurement and emotional harm. For children, facial scars can change as they grow, so a doctor's opinion about future treatment is important before any settlement.

Insurers look closely at photos, so take pictures of the wounds on the day of the bite and as they heal. A visible scar documented over months tells a clearer story than a single photo.

Dog bites in Delaware County and Philadelphia

Bites happen on sidewalks, in apartment hallways, at parks, and at the front door of a home during a delivery. In Upper Darby and the surrounding boroughs, the local police department is usually the first call. In Philadelphia, call the police or the city's animal control agency so the bite is documented and the dog can be confined for observation.

If the bite happened on a property you were visiting, the claim may also involve premises liability questions, such as a broken gate or a landlord who knew about the dog. We look at every angle so no responsible party or insurance policy is missed.

What to do after a dog bite

Dog bite claims in Pennsylvania generally must be filed within two years under 42 Pa.C.S. § 5524. For a child, the deadline is generally paused until the child turns 18, but evidence and witness memories fade quickly, so it pays to act early.

Your Legal Warrior handles dog bite cases on a 100% contingency fee. There is no attorney fee unless we recover. The firm advances all case costs, which are repaid only from a recovery. If there is no recovery, you owe nothing. Call (267) 412-4601, answered 24 hours a day, 7 days a week, or send the free case review form.

• Get medical care. Bites carry infection risk, and a prompt record links your injuries to the attack.
• Get the owner's name, address and phone number, and ask for the dog's rabies vaccination information.
• Report the bite to local police or animal control so the incident is documented and the dog can be confined.
• Photograph the wounds over several days, the location, and any open gate or broken fence.
• Get names and phone numbers of witnesses.
• Don't give a recorded statement to the owner's insurer before you get advice.