While most of us regard our dogs as beloved family members, dog bites can and do happen when we least expect them. If you’ve suffered a dog bite injury in Pennsylvania, you have the legal right to seek compensation for damages from the dog’s owner. 

However, Pennsylvania law sets a strict deadline for filing a personal injury claim, and missing this deadline can have serious consequences for your dog bite case. You may lose your right to pursue compensation for your injuries and other damages. 

How do dog bite claims work, and how can the statute of limitations impact the success of your dog bite case? Our Newton Square dog bite lawyers at Silver & Silver are here to help you understand Pennsylvania’s dog bite laws and the importance of the statute of limitations when you or a family member has been injured. 

 

What is the Statute of Limitations in a Personal Injury Claim?

A dog bite is considered a personal injury claim, and state laws limit the time an injured party can file a lawsuit against the at-fault or liable party. This is called the statute of limitations. 

Pennsylvania has a two-year statute of limitations for personal injury lawsuits. This means you have two years from the date of the incident to file a dog bite lawsuit against the dog’s owner. Unfortunately, if you fail to meet that deadline, the court will likely dismiss your dog bite case, and you’ll be unable to recover compensation for your injuries. 

 

Are There Exceptions to the Statute of Limitations in a Dog Bite Claim?

There are some exceptions to the statute of limitations in claims concerning children. 

While the statute of limitations for dog bites is two years, children can’t take legal action alone. This means they must rely on an adult to file a claim on their behalf within two years. If a parent doesn’t file an injury claim for their child, the child may be able to file a lawsuit on their own once they become an adult. They will then have two years from their 18th birthday to file their claim against the dog’s owner. Why is this important?

 

Dog Bites and Children

Suffering a dog bite or attack can be traumatic for anyone, but especially for a child. According to the CDC, more than 50 percent of all dog bite injuries occur in kids under the age of 14. Furthermore, children are more likely to be severely injured in a dog bite incident. 

Children are often high-energy and can feel threatening to a dog that isn’t used to that. A child may not know how to behave around a dog or understand a dog’s defensive cues. Consequently, dogs can feel anxious and defensive around younger children, even if they aren’t usually aggressive. And because of their smaller size, kids are far more vulnerable to dog bite incidents. They are more likely to suffer serious injuries to the face and upper extremities, sometimes resulting in long-term scarring and emotional trauma. This trauma can affect a victim throughout life, and the injuries and scarring may require many costly surgical interventions. 

 

What is a Dog Owner’s Liability After a Dog Bite?

Pennsylvania recognizes strict liability in dog bite cases, which means that a dog’s owner is liable for the actions of their animal, regardless of any history of aggression or the owner’s actions or inactions. However, there are exceptions and limitations to strict liability in a dog bite claim. 

First, the dog’s owner may not be held responsible for the injured party’s damages if 

• The injured party provoked the dog.
• The injured party was trespassing on private property when bit or attacked by the dog.
• The dog was a service or police dog that bit or injured the individual while performing their duties. 

Furthermore, in Pennsylvania, there are also limitations to what compensation can be recovered under “strict liability.” Under strict liability rules, a dog bite victim can only recover injury-related medical expenses. To recover anything beyond medical damages such as scarring or pain and suffering, the injured party must prove negligence by the dog’s owner or that the dog was recognized as a “dangerous dog.”

 

How Would Someone Prove Negligence in a Dog Bite Claim in Pennsylvania?

Compensation for medical benefits may not be enough for serious dog bite injuries. In this case, proving the dog owner’s negligence will be critical. The victim must prove that the owner was aware of their dog’s vicious tendencies or that they didn’t have appropriate control over their animal. 

Pennsylvania’s dog law requires that a dog’s owner keep the animal under control and not allow it to run at large. Furthermore, it recognizes that some dogs have been proven aggressive in the past and require extra precautions by their owner. 

Significant evidence will be necessary to prove negligence in a dog bite case. Evidence can include statements by others, witness testimony, surveillance video, or other evidence proving the dog was not under the dog owner’s control or had a history of aggression. If the owner is negligent, the injured party can recover compensation for all their economic and non-economic damages, such as emotional distress, pain, and suffering. 

 

How Does the Statute of Limitations Affect a Dog Bite Case in Pennsylvania?

The longer you wait to file a dog bite claim after an injury, the more likely evidence or witness testimony will be unavailable. This can potentially hurt your dog bite case from an evidence perspective alone. And while two years can seem like a long time, it’s not when it comes to an injury case. Exceeding the statute of limitations means you could lose any opportunity to collect compensation from the dog’s owner. 

A dog bite case can take time to pursue and require significant evidence. At Silver & Silver, our experienced Newton Square dog bite attorneys are diligent in our pursuit of compensation for dog bite victims. If you have suffered a dog bite, let us help. Contact us at (610) 638-7255 or schedule a free consultation through our contact form. You pay no legal fees until we recover compensation on your behalf. 

 

Disclosure:

This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.