Pennsylvania Dog Bite Lawyer

Pennsylvania’s dog bite statute, Pa. Consol. Stat. § 502A, imposes a limited version of strict liability upon dog owners. Under the statute, a person who is attacked or bitten by a dog can hold the owner strictly liable, but they can recover medical expenses only. The owner will be shielded from any liability, however, if the victim was provoking the dog or was trespassing when the bite occurred.

In order to recover for other types of damages (for example, pain and suffering or lost wages), Pennsylvania allows victims to pursue a negligence claim against the owner. This typically requires proof that, at the time of the attack, the owner (1) knew the dog had “unmistakably vicious tendencies,” and (2) neglected to properly control the dog. Additionally, the victim could establish a “negligence per se” claim, which can be established by evidence that (1) the owner violated a state law that provides rules for controlling dogs, and (2) their violation of the law was a substantial factor in causing the victim’s injuries. In this context, this typically means that the owner did not have their dog leashed in a public place despite a law requiring dog owners to do so.