Dog and Animal Bite Injury Attorneys

Animal attacks can be devastating, especially when there are children involved. The effects of being bitten or attacked by a dog or other animal can have great emotional and psychological damage, in addition to the physical harm. If you or a loved one has suffered a serious injury or death from an animal attack, you have legal options.

At the Pennsylvania law office of Naftulin and Shick, we can help. Contact our personal injury lawyers today for compassionate service and skilled legal advocacy in your dog bite or animal attack injury claim.

Dog Bites - An Overview

Over 4 million people are bitten by dogs each year. Of these, more than 800,000 require medical attention. If you have been bitten by a dog, it is important to know your legal rights. Call to schedule a consultation with an experienced personal injury attorney who can provide you with a clear explanation of your rights and help you make informed decisions regarding your dog bite case.

Dog Bites and Common Law

To receive compensation for a dog bite injury under the common law, the plaintiff is required to prove that the animal had dangerous propensities and that the owner knew or should have known of those propensities. "Dangerous propensities" means that the dog exhibited any characteristic, trait, habit or tendency prior to the attack that could result in harm to another human being. Even an animal that is overly affectionate could have dangerous propensities, such as jumping on people or chasing after them. Generally, the breed of the dog alone is not enough evidence of dangerous propensities.

Proving the owner's knowledge can be very difficult, especially if the dog has never harmed anyone previously. Some factors that may be considered to prove the owner's knowledge of the pet's dangerous propensities include whether the owner posted warning signs, received previous complaints about the dog's behavior, kept the dog restrained or kept the dog as a watchdog.

Dog Bite Statutes

In response to the onerous burden placed on plaintiffs in dog bite cases under the common law, many states have passed dog bite statutes that eliminate the requirement of proving the owner's knowledge of the animal's dangerous propensities. Under these statutes, the dog owner is typically liable for any injury caused by the animal in public places or on the owner's private property if the injured person was legally on the property. This is known as "absolute liability" because the dog owner's liability is based on the fact that his or her dog caused the injury, regardless of his or her knowledge of the dog's dangerous propensities. However, dog bite statutes also may make available certain defenses to liability. For example, some statutes provide an absolute defense to dog owners if the injured person was trespassing on private property when the injury occurred.

Ordinary Negligence in Dog Bite Cases

In some states ordinary, rather than absolute, negligence is applied to dog bite cases. To prove liability under ordinary negligence, the plaintiff must show that the defendant had a duty to use reasonable care in preventing foreseeable injuries by his or her dog, and that the defendant's failure to do so resulted in injury to the plaintiff.

Defenses to Liability in Dog Bite Cases

The defenses available in a dog bite cases vary by jurisdiction, but possible defenses to liability my include:

• Assumption of the risk: the plaintiff voluntarily exposed himself or herself to risk. This defense depends on the facts of the case, but the plaintiff had to have knowledge of the risk before it can be shown he or she voluntarily exposed himself or herself to it. This can include ignoring posted or verbal warnings.
• Provocation: the plaintiff provoked the animal into biting or attacking. This can include teasing, chasing, yelling or abusing the animal. An unintentional act also can be provocation, depending on the circumstances. However, if the act was unintentional, the dog cannot respond disproportionately to the act. Additionally, the provoking act must happen at the same time or near the time of the dog bite.
• Contributory or comparative negligence: the plaintiff's own negligent acts are partly or entirely to blame for the dog bite. This is closely related to assumption of the risk. The majority of jurisdictions recognize comparative negligence over its strictly construed counterpart, contributory negligence. Under comparative negligence, the damage award may be reduced or eliminated depending on the plaintiff's role in causing his or her injury.
• Trespassing: the plaintiff illegally and/or without permission entered the defendant's property and was injured. In some states, trespassing is an absolute defense. However, in other states, an owner may still be found liable even if the plaintiff was trespassing.

Damages in Dog Bite Cases

The typical damages that may be available in a dog bite case include:

• Pain and suffering
• Emotional distress
• Medical expenses — current and future
• Lost wages
• Lost or impaired earning capacity
• Disability and/or disfigurement resulting from the injury

In cases in which the dog attack resulted in death, additional damages may be awarded for:

• Wrongful death
• Loss of consortium
• Loss of companionship
• Loss of services of a family member
• Emotional distress

Not all of the damages listed above may be available to you. Applicable law and the facts of your case may limit the available damages or provide additional sources of compensation.

Contact a Dog Bite Lawyer

Call today to schedule a consultation with an experienced personal injury attorney who can review your case with you and explain your rights and options.

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