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Frequently Asked Questions

What Should I Do First, After An Attack?  

First, focus on your medical care and work with the authorities to evaluate whether the dog has rabies, if you have not done so.  It's OK to speak to authorities about the attack by giving "just the facts" to help police investigate the attack.  No speculation.  No guessing.  The dog warden (not the police) has primary jurisdiction over dog bite case, because county Department of Health investigates the the dog's immunization status.  

Click here for more information about notifying authorities.

 

What Happens Next?  

Secondly, do not talk to, text, or email anyone (except your lawyer) about how the bite happened. Take pictures of your injuries and preserve relevant evidence. Post nothing on social media about the canine attack.  

Call us any time for a free consultation 412.400.5476.  

 

How Do I Start a Claim?  

Your dog bite attorney simply writes to the responsible party to accomplish three things:

• • •  One, to place them on notice of your claim,

    • Secondly, to ask them to notify their liability insurance carrier of the claim,

    • And third, to caution them against destroying evidence, via "preservation letter," which triggers special duties.

Then, if liability coverage exists, the insurance company will contact your lawyer.

 

What Evidence Adds Value to a Claim? 

• • Work with your attorney to strengthen the claim:

    • Discuss with your lawyer the full impact of the bite on your life.  For example, a facial or neck injury can cause embarrassment and severe emotional distress.  But an injury to the hand, which is common with defensive wounds, can disable someone in terms of dressing, cooking, cleaning, typing, driving, and more.

    • Get follow up treatment.  The dog owner's liability insurance carrier will use a "check list" method to evaluate the claim; there's  "box" for "number of doctor visits."  So even if the bite is to the knee, leg, ankle, or foot, and seems non-serious, have it checked for possible infection, nerve  damage, tendon/ligament injuries, or all three!

    • Consider a claim for punitive damages against the dog owner, which requires proof of "outrageous conduct" on that person's part.

 

Do your Pittsburgh Lawyers Represent my Child Bitten?

Yes.  Attacks on children are shockingly common.  Our dog bite lawyers bring a claim for any child attacked by a dog.  Special procedures exist for minors.  Click here for more. 

We bring claims for adults and kids for pain, suffering, loss of function, emotional distress (risk of getting rabies), difficulty at work / studying at school, infection, nerve damage, medical bills (ambulance, doctor, hospital), death or injury to your own dog attacked by another dog, and your scars and disfigurement.

 

Are Your Lawyers Dog Bite Experts? 

Yes.  For example, attorney Todd Elliott is a recognized legal expert in the local and national media; he is often invited to speak on trial procedures at Duquesne Law School. Click here for more.

We know that the value of a dog bite injury depends on preparation and understanding of the injured party's life and lifestyle prior to the attack. We look closely at the species of dog. Some, such as a pit bull, come from a long blood line of aggression, having engaged in bull-biting (biting the faces of bulls or bears).  We also understand how certain injuries can limit you.  For example, a bite the hand or arm can limit your ability to do just about anything: cooking, putting on clothing, driving a vehicle, doing work involving typing, and more. 

Contact us any time about pit bulls (or a "pitbull") attacking anyone.   

 

For What Items of Damages Can a Pittsburgh Lawyer Get Compensation?

Any person bitten by a dog in Pennsylvania (including non-residents) may be entitled to compensation.  This can be for pain, suffering, disfigurement, nerve damage, infections (including rabies), medical bills, co-pays, gas/mileage for trips for medical treatment, lost wages and/or lost earning potential.  You can also seek an award for damage to property/clothing, embarrassment, emotional distress, and punitive damages, at times.  Plus, you can even claim vet bills for injury or death to your own dog from the attack. 

Fear of Contracting a Rabies Infection.  Pennsylvania's Rabies Control Act requires all dogs to be vaccinated for rabies infection. The dog owner's failure to vaccinate the canine to prevent rabies creates a separate and additional claim for emotional distress for the fear of contracting rabies and for the painful shots and other treatment to prevent the contraction of rabies.  See Philips v. Horvath, No. 536-CV-2021 (C.P. Monroe Co. May 14, 2021 Williamson, J.).  Click here for more.  

Loss of Consortium.  The spouse of an injured party can claim loss of consortium, or loss of comfort and/or intimacy. Each Pittsburgh lawyer at our dog bite firm will look at whether own dog was attacked or killed by a vicious dog.

 

What Constitutes "Disfigurement"?

Some injuries are clearly disfiguring: dark discoloration, a deep indentation or an amputation. Others involve only a small change to the skin's color or texture.  Thus, we often say, "it's not just whether the scar can be seen from across the street. What really matters is that our client sees the scar, every day, making that person re-live the bite, forever."

 

Do Your Pittsburgh Attorneys Pursue Emotional Distress Claims?

Yes . A dog bite is scary.  It can make the most avid dog lover feel fearful and anxious around any canine, even when a bite is "minor" to the leg or hand, or hands, from a defensive wound.  Even if not severely injured, the victim may even avoid close family and friends, just to avoid their dog. Plus, attacks often happen in public, like on a sidewalk, making the victim avoid walking or other exercise needed for a sense of identity.

 

Is a Bite Necessary? 

No.  A person injured from fleeing from a dog has the same rights as someone bitten. Moreover, seeing or hearing a close family member being attacked -- and contemporaneously feeling severe stress from it -- also qualifies as a valid dog bite claim.

 

What is the Law in PA Regarding Dog Bite Liability? 

The law is the same for all breeds of dogs.  This is true regardless of whether it's a pit bull, (or "pitbull"), German Shepherd, Bullmastiff (or "mastiff"), Rottweiler, American Bulldog, boxer.  Any dog can become dangerous. Even a Labrador Labrador Retriever or Chihuahua can become dangerous and cause significant disfigurement.

There are two ways that a dog owner or keeper can be liable to pay for any dog's bite:  (1) by violating a criminal statute (regarding the failure to control his animal or if the bite was particularly serious), or (2) by being generally negligent. 

Additionally, it is sufficient if the dog owner knew or should have known that the animal was a probable cause of harm. See Snyder v. Milton Auto Parts, 285 Pa.Super. 559 (Pa.Super. 1980) citing Proof of Facts, 2d, Vol. 13, pg. 473.  A landlord/property owner (where the dog is harbored) may also be liable. Click here for more analysis.

While some Pittsburgh lawyers decline dog bite cases lacking proof of (1) the dog having bitten previously or (2) violation of a criminal statute, we are different. Here, we have received five and six figure recoveries in where no statute was violated and no prior bite had occurred.

 

a. Knowledge of A Dog's Dangerous Propensity  

A dog's prior "dangerous propensities" or "vicious propensities" can be shown from evidence of past growling, lunging at people, attacking other dogs and more.  That said, the breed of dog -- alone -- cannot prove "knowledge of the dog's "dangerous propensity," if the dog has not previously been aggressive.   

 

b. Reasonable Control of a Dog

Any owner or "keeper" of a dog (dog walker or dog sitter even) also has a duty to control the animal -- via a reasonable leash or behind a fence -- and prevent it from running at large. It violates PA criminal law (and also civil law) to cause a dog to run at large. Pennsylvania also has a type of leash law.  Contact a Pittsburgh lawyer for a free case evaluation: 412.400.5476. 

 

What Are the Common Defenses to a Dog Bite Claim? 

Our Pittsburgh Dog Bite Attorneys litigate (and overcome) the following defenses to a claim:

• • • The dog had "never attacked" -- or had shown no sign of aggression, previously

    • The canine had been provoked, as provocation is defense

    • The dog was under "reasonable control"

    • A suitable fence had been utilized, and the dog unforeseeably jumped or climbed it,

    • A faulty leash is blamed

    • They claim someone else opened a gate,

    • A dog walker or dog sitter is blamed for ignoring instructions by the dog owner,

    • They blame the victim, for being comparatively negligent, for stimulating the dog unnecessarily, or otherwise contributing to the danger.  But note that ignoring a "beware of dog" sign rarely creates an absolute defense. 

These "defenses" usually come off as excuses, when exposed to light. Our Pittsburgh attorneys successfully overcome these defenses, on a regular basis.

 

Who May Bring an Animal Attack Claim? 

A claim for a dog attack may be brought by anyone, including children of any age (through a parent or guardian) and even undocumented workers.  Dog bite injury claimants also include delivery people: Amazon drivers, Uber eats people, Door Dash drivers, home improvement contractors or other providing service to homes, and of course United States Postal workers. 

Likewise, you may bring a claim against the owner of a support dog or support animal, which are treated differently than a service dog, which have special protections, under the Americans with Disabilities Act (ADA).    

 

How Are Work Injuries Treated? 

It's OK if the injury happened in the scope of your employment. This does not let the dog owner off the hook. Each Pittsburgh attorney of ours handles claims for:

• • • • Mail carriers -- Fed EX, United States Postal Service (USPS),

      • Amazon delivery people,

      • Uber Eats person, Domino's, or other food delivery, or

      • Person doing utility work for Verizon (VIOS), Comcast (XFinity), or any other public or private employer.

Your rights as against the dog owner are not limited by workers' compensation law.

 

Is a Dog Bite Claim Only about Money?

No.  For our clients, it's about more than money. In fact, it's about justice and helping prevent future canine attacks. A civil claim is an excellent way to get the dog owner's attention, by having their insurance carrier raise their rates or drop coverage. We pressure the dog owner to get his dog trained or -- better yet -- re-homed, to a safer location, especially when criminal prosecution of the dog owner fails.

 

Who Can Be Held Responsible For a Dog Bite Claim? 

Any person or corporation can be liable, including a landlords, but those cases pose special challenges.  Plus, the government and police can also be liable, for K-9 unit attacks, for example, but certain time limits and immunities may apply.  Even a dog walker or dog sitter -- who are not the dog's owner -- can be liable for a bite by the owner's dog, as liability also exists for "keepers" or anyone harboring the dog, even temporarily.  This also includes a shelter or kennel, for an attack that occurs on their watch.  Moreover, changes to the dog bite law will take effect in January of 2024, imposing new fines for dog related attacks and creating stricter guidelines for kennels to follow.  

 

How Long Do My Dog Bite Lawyer and I Have to Take Action and/or File Suit? 

You have two (2) years to both retain counsel and file suit in Pennsylvania, if an adult.  If a child was attacked, the child has until age twenty.  Click here. That said, you should not delay.

First, you lawyer should serve a "preservation letter" ASAP on the owner of the dog, which triggers consequence if evidence "disappears." Click here for more information.

Your Pittsburgh lawyer must identify all possible parties who may be responsible, so they can be sued within two years of the bite.  If the the government was somehow at fault, you may only have six (6) months to make a formal claim on the same.

 

Where Does a Financial Recovery Come From? 

The dog owner may have home owner's insurance or renter's coverage. There are rarely, if ever, liability insurance exclusions for certain breeds of dogs, contrary to the assumptions of many, so the breed of dog rarely triggers an exclusion.

In addition, the dog owner may also have general "umbrella coverage," which covers claims that exceed the available home owner or other liability coverage.  Our Pittsburgh lawyers look for all possible sources of coverage.

 

Will I Have to Testify in a Civil Trial? 

Probably not.  A Cornell University study found that 94.5 percent of cases filed in PA are resolved before trial. but you may have to sit for a deposition recorded in one of the attorney's offices.

Whether you have to testify in a deposition depends largely on whether your lawyer performs a detailed and timely investigation. No litigation is needed if your lawyer can  convince the dog owner or his insurance carrier that (1) significant litigation would be a waste of time and (2) the facts in your case warrant a settlement on the higher side early on.

 

How Long Does it Take to Get a Resolution of a Dog Bite Claim?  

This will depend largely on the skill level and persistence of your attorney, and his ability to develop admissible, credible evidence consistent with PA's Dog Bite Law.  A demand for money to settle that is greatly out-of-line with recent verdicts will force the dog owner or his insurance carrier defend the case, aggressively, dragging it out for years, potentially.   

 

How Are My Medical Bills Paid? 

Ultimately, the dog owner may be responsible to pay all your bills. However, in the interim, you do not want your bills to go into collection while your case is pending, so injured parties often turn those in to their own health insurer, such as UPMC, Highmark, DPW, Medicare, etc. Then, said insurer may seek to be paid back out of one's settlement.

Thus, the total amount of your settlement should include not only your claims for pain, suffering, and disfigurement, but also the amounts that your insurer (UPMC, Highmark, DPW, etc.) paid for your medical bills even though you did not pay those bills.  The law in PA allows --- and often requires -- you to do this.

 

Your private medical insurance company (such as UPMC or Highmark) may seek to be reimbursed from your dog bite recovery.  This is  a claim for  "subrogation" -- where a medical insurance company that made any payment on your behalf (such as UPMC, for medical bills and expenses) seeks to re-paid out of your settlement.  Your Pittsburgh attorney should (a) confirm whether subrogation applies and (b) negotiate down the amount paid back to insurance companies from your dog bite settlement.  

 

Do I Need a Dog Bite Lawyer?

Short answer:  Yes.

Statistically, liability insurances companies pay significantly more money to those having counsel compared to those unrepresented. Plus, our Pittsburgh lawyers know the true value of a dog bite claim, because we watch the docket each week. We are looking for cases and settlement amounts related to animal attacks.  

Release of Claims.  To get paid to settle your dog bite claim, the dog owner's lawyer or insurance carrier will ask you to sign a release of all claims.  You should never do so unless you discussed the case with an attorney, as you may be signing away important rights. 

 

What Factors Should my Pittsburgh Lawyer Consider at Time of Settlement?

You want to make sure your case is valued properly, as mentioned.  Do not settle until you know your long term prognosis and also the exact amounts you must pay to satisfy a subrogation lien, discussed above, payable to Medicare, the DHS, or an insurance company. 

 

How Much is My Case Worth? 

Every case is different; however, the dog bite claim value will depend on the depth of the bite, number of sutures or stitches (if any), severity of the scar, the medical treatment, amount of complications (infection, necessity of painful rabies shots, tissue damage, nerve damage), medical billing, emotional distress, and whether any lost wage or lost earning capacity occurred.  

Skill & Persistence of the Pittsburgh Attorney.  The recovery also depends on the skill level the dog bite attorney and his ability to understand your lifestyle before the attack, so he can communicate the full impact of the attack on your life.  Our Pittsburgh lawyers often handle cases rejected by other lawyers not willing to put in the extra work. 

Case Tried by Judge or Jury via a Jury Trial.  Juries tend to be stingy in Western PA, and some lawyers would prefer a judge to instead decide the economic value of a claim.  That said, some judges come from a defense background, making a jury the better option, in that instance.  Talk to one of our lawyers for more info!   

 

 

What Happens if a Guide Dog or Support Canine is Attacked?

You may have special rights to seek penalties from the dog owner, for injuries to a guide dog or support dog for the blind (vision impaired), deaf (hearing impaired), or handicapped.

Further, the spouse of someone attacked by a canine may recover for loss of consortium, meaning, loss of companionship from the injured spouse. Click here for information about child claims.   

 

Do you Offer a Free Case Evaluation? 

Yes.  There's never a fee unless our Pittsburgh lawyers get a recovery.   

Talk to a named partner, for free.  At our 7 lawyer dog bite firm, you get to speak with a named partner right away to get answers to your questions with no obligation to retain us.

This article should not be construed as legal advice, so just call us, it's free! 

Coming to Your Location. Our Pennsylvania dog bite attorneys come to your location to provide a free and confidential consultation. We answer your questions, we explain the law in Pennsylvania, and start our investigation, early.

 

How Do I Learn More?    

Our Pittsburgh lawyers for Dog Bite cases provide additional answers by our our advocates to Frequently Answered Questions Page, right here.  

 

Let's Get Started!

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