Dog Attack Claims in Pennsylvania
An Individual or child who has been severely injured or scarred by an animal attack or dog bite has rights in Pennsylvania. Pennsylvania law provides for rights where negligence can be shown. When you have been the victim of a serious dog bite, you need justice and a just monetary settlement: speak to our experienced dog bite lawyers serving Philadelphia and its suburbs including West Chester, Chester County PA by contacting us 24/7 by EMAIL or toll free at (877) 529-2422.
NEGLIGENCE PER SE
- Examples of actionable negligence as a result of a violation of the Pennsylvania Dog law include:
- ailure to confine dog within premises of the owner
- Failure to firmly secure dog with a collar and chain or other device to prevent the dog from straying beyond the premises of the owner
- Under control of some person when engaged in lawful hunting, exhibition or field training
- Harboring a dangerous dog
Under the Dog Law a "dangerous dog" is defined as one that has done any of the following: 1) inflicted severe injury on a human without provocation, 2) killed or inflicted severe injury on a domestic animal without provocation while off of the owner's property, 3) attacked a human being without provocation, 4) been used in the commission of a crime, 5) has a history of attacking humans and/or domestic animals without provocation. A propensity to attack may be proven by a single incident of the conduct described in 1) through 5) above.
For example, if you are taking a walk through your neighborhood and get bitten by a loose dog, you have a cause of action under the doctrine of negligence per se. However, the dog owner may have a defense if they can prove they exercised due care.
NEGLIGENCE
A traditional legal cause of action may exist in negligence. This means you may recover even if an owner did not violate a section of the Dog Law. Under Pennsylvania law, there is no absolute liability on the owner of a dog for injuries it causes. A Plaintiff must still prove negligence. In a traditional negligence action, a Plaintiff must establish: duty, breach, causation and damages. So what does this mean if you are injured from an attack by a dog?
One of the key elements you must prove in order to hold the pet owner liable is that the owner had knowledge of the animal's vicious propensity (propensities more dangerous than normal for that species.) Mere ownership alone is not enough to establish liability; the owner must have been aware of the animal's vicious nature and did not take proper precautions to avoid the animal from exhibiting those propensities. Even a single bite on a prior occasion, is not enough to establish a vicious propensity.
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
A claim for negligent infliction of emotional distress (NIED) is a claim by the person who witnessed the dog attack on the victim. Several elements must be present to recover for NIED. First the Plaintiff must be closely related to the victim such as mother, father, child, husband or wife. Second, the plaintiff must be near the scene and actually view the attack. Finally, the Plaintiff must suffer serious mental distress as a result of viewing the accident and physical injury OR suffers serious mental distress and there is a severe physical manifestation of this distress. The issue usually arises regarding the last element and physical manifestation of the distress. Physical injury can include such symptoms as intense headaches, uncontrollable shaking, involuntary hyperventilation and shortness of breath, frequent nightmares and upset stomach.
A Team that Fights For Results
Have you or a family member been injured by a Dog Bite in the greater Philadelphia area including Berks, Bucks, Chester, Delaware, Lancaster or Montgomery County? Get advice and legal representation when it matters most. Our team of Philadelphia dog bite lawyers are working on your case so that you have the benefit of several attorneys including Lee and using their combined efforts and experience to get you the justice you and your family need. Get Justice.
Our promise: You need a dog bite lawyer who understands the seriousness of your child's injury case and will give it to you straight. You do not expect guarantees but you need a lawyer that you can trust to fight for you and your family to the fullest extent of the law.
Our team promises to work for you; be thorough and aggressive in setting out the best strategies for you and your loved ones. At Ciccarelli Lawyers, our team of Philadelphia dog bite attorneys are working on your case so that you have the benefit of several attorneys including Lee and using their combined efforts and experience to get you the justice you and your family need. Get Justice.
You Don't Owe Attorney Fees Unless We Recover For You
We accept dog bite cases on a contingency fee basis; which means that we do not require an advance fee, retainer or hourly rate but base our fee on a percentage of the monetary settlement we earn for you. Learn how we will work toward the result you need.
When you or a loved one has have been seriously injured by a dog bite in Philadelphia or suburban West Chester or Chester County, you need justice; and you need a top dog bite lawyer with years of experience winning the tough cases: contact Lee Ciccarelli and our Philadelphia Dog Bite Lawyers today. Call Us 24/7 toll free at (877) 529-2422.
