Pittsburgh Lawyer For Dog Bite Victims
If you're seeking a Pittsburgh lawyer for a dog bite injury in Western PA, you've come to the right place.
Victim's Rights to Compensation
We understand the physical, emotional, and financial toll that these attacks can cause. Our firm will pursue significant compensation for pain and suffering, emotional distress, nerve damage, infection, lost wages, disfigurement (scaring), and other damages, including those suffered by a minor child or children.
Your success, whether through trial or negotiation, hinges on two things: thorough development of all potential claims and the expertise of your attorney.
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Contact a Pittsburgh lawyer today about an attack by any breed, pit bull or otherwise. Any dog can become dangerous. We can help.
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Frequently Asked Questions
What Should I Do First, After An Attack?
Seek prompt and consistent medical care, above all. Follow the advice of your doctors. Work with the authorities to evaluate whether the dog has rabies, if you have not done so. In fact, the County Department of Health investigates the the dog's immunization status. Thus, the dog warden (not the police) has primary jurisdiction over dog bite case.
Take pictures of your injuries and preserve relevant evidence. Keep track of every text or other note from any witness or the dog owner. And, your lawyer should serve a "preservation letter" ASAP on the owner of the dog. This triggers consequence if evidence "disappears."
How Much is My Case Worth?
Every case is different. However, the dog bite claim value will depend on the seriousness of the bite (number of sutures, discoloration, etc.) severity of the scar and the medical treatment. It also depends on the 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. Your function ability before and after the attack is often key.
And of course, your attorney's persistence and skill makes a difference.
Are Your Lawyers Dog Bite Experts?
Yes. 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.
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 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.
Can I speak About the Attack?
Try not to speak with anyone -- except your lawyer, police (or animal control), and your health care providers -- about how the bite happened. It's OK to speak to authorities. However, provide "just the facts" to help them investigate the attack. No guessing. No specultion.
Anything you say can be used against you, as they say on TV. Post nothing on social media, if possble. Post nothing about the attack, your health, or your ability to function in life.
Call us any time for a free consultation 412.400.5476.
How Do I Start the Dog Bite Claim?
Your Pittsburgh lawyer should write 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.
How Do I Show The Impact on My Life?
Work with your Pittsburgh lawyer 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 even a non-serious injury can disable someone. A victime of a dog bite will often suffer defensive wounds, such hand injuries. This can disable someone from dressing, cooking, cleaning, typing, driving, and more.
- Get All Recomended Follow up Treatment. Defendants and their insurance companies value cases based in part on the number of medical visits. So get every bite checked out. Seek medical attention for even a "non-serious" bite to the knee, leg, ankle, or foot. Get every wound checked for possible infection, nerve damage, or tendon/ligament injuries.
Do your Pittsburgh Lawyers Represent my Child Bitten?
Yes. Canines often attack a child or chidren at every age, unfortunately. Our dog bite lawyers will bring a claim for any minor who suffered injuries. A "minor" is any child under the age of 18.
Special procedures exist for minors. We bring suit on behalf of the child's parent or guardian. The court must approve the amount of the settlement. Plus, a judge will als require that money intended for the benefit of a minor be paid into a trust account until the child reaches the age of majority, or 18. That said, we regularly resolve claims for minors. And, we navigate the process easily, without the parents having to appear in court or testify.
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. A typical dog bite claim will involve a recovery for:
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- pain and suffering,
- disfigurement,
- emotioanal distress, nightmares, and a new fear of dogs that the victim had previously loved, also causing isolation from friends and family who own dogs,
- damage to clothing and other property,
- ambulance, medical (doctor, hospital, physical therapist) bills, and co-pays,
- loss of functional capacity a home, at work (even if not missing pay), and a deminished active lifestyle,
- health insurance co-pays, gas/mileage for trips for medical treatment, and medical lien issues,
- gas/mileage for trips for medical treatment,
- veterinarian bills for your own dog(s) attack,
- risk of infection or contraction of rabies or other disease, from the falilure to vaccinate the animal, causing the need for a course of painful vaccination shots, Pennsylvania's Rabies Control Act, which requires all dogs to be vaccinated for rabies infection (for more),
- lost wages and/or lost earning potential.
Serious Cases
More serious cases also invove claims for:
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- lost wages from inability to work,
- nerve damage,
- permanent numbness or loss of function,
- missed school or educational opportuntiy for a child, causing developmental delays,
- reconstructive surgery or amputation repair,
- serious infections (including rabies),
- severe emotional distress and embarassment from disfigurement,
- death, often among the very young or older victims, and
- punitive damages for the dog owner's reckless, intentional or "outrageous" behavior.
Loss of Consortium. The spouse of an injured party can claim loss of consortium, or loss of comfort and/or intimacy.
What Constitutes "Disfigurement"?
Some injuries involve clear disfigurement, such as dark discoloration of the skin, a deep indentation, a series of indentations from the removal of stitches, or even an amputation. However, other injuries leave only a small change to the skin's color or texture.
That said, we often say, "it's not whether the scar can be seen from others across the street. It's what our client sees, every day, reminding him or her of the attack, making the person re-live the attack, daily."
Do Your Pittsburgh Attorneys Pursue Emotional Distress Claims?
Yes. A dog bite is scary. An attack can make the most avid dog lover feel fearful and anxious around any canine. This is true, when a bite is "minor," such as to the leg or hand, or hands. Plus, attacks often happen on a public sidewalk, for example. This can make the victim fearful of walking or exercising outside, depriving the victim of a sense of her identity, if jogging is a major part of her life, for example.
Is a Bite Necessary?
No. A person injured while fleeing an attacking dog can have the same rights as someone bitten. Moreover, seeing or hearing a close family member being attacked can also create a claim for emotional distress. However, the victim must see and/or hear the attack as it's happening. It's not enough to feel stress from hearing about the attack, afterwards.
What is the Law Regarding Dog Bite Liability?
There is no federal law governing dog bites. However, each state has laws in this area. Most states have strict lability. However, PA is different. In PA, there are two ways that a dog owner or keeper can be liable to pay for any dog's bite:
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- by violating a criminal statute (regarding the failure to control his animal or if the bite was particularly serious), or
- by being negligent or careless in terms of failure to control the dog or heed its prior aggressive tendencies.
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. A Dog's Prior Dangerous Propensity
A dog owner can face liability for disregarding evidence of the dog's prior "dangerous propensities." Examples of prior "vicious" propensities include: growling, lunging at people, attacking other dogs and more. But, the breed of dog -- alone -- cannot prove its "dangerous propensity."
b. Reasonable Control of a Dog & Leash Law
Every keeper of a dog carries a duty to control the animal. Examples of reasonable control include usage of a leash, crate, or keeping the dog behind an adequate fence. Liability can attach automatically for letting a dog run at large. In fact, this violates PA criminal law (and also civil law).
Pennsylvania does not have a "leash law." However, the dog must be under reasonable control, which may require a leash, unless the dog had demonstrated proven ability to obey commands absent a leash. Plus, both the City of Pittsburgh and City of Philadelphia require the use of a leash, regardles of the dog's training.
C. Does the Law Treat Certain Breeds of Dog Differently?
No. Granted, some species come from a long line line of canines specifically bred for agression, such as a pit bull, breeded for its ability to engage in bull-biting: biting the faces of bulls or bears). However, in PA, the law applies equally to every breed of canine, whether the dog is a pit bull (or "pitbull"), German Shepherd, Bullmastiff (or "mastiff"), Rottweiler, American Bulldog, boxer. However, even a "little dog" such as a Chihuahuacan cause significant disfigurement.
Plus, any dog can be come aggressive. Any "family pet such as a This can includes a "family pet" such as Labrador Labrador Retriever can become aggressive. 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 often 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 leash is blamed for failing, unexpectedly,
- Another person unforseeably opened a gate, freeing the dog,
- A dog walker or dog sitter is blamed for ignoring instructions by the dog owner,
- Blaming the victim, for comparative negligence on the victim's part. This could include antagonizing the dog or harassing it or otherwise contributing to the danger. However, ignoring a "beware of dog" sign rarely creates an absolute defense.
Through skilled legal representation, these defenses can be overcome in most cases.
Who May Bring an Animal Attack Claim?
Anyone can bring a claim for an animal attack. This includes a child, as mentioned. Even undocumented workers can bring a claim, regardless of immigration status.
Dog bite victims also include delivery people, such as Amazon drivers, Uber eats people, Door Dash drivers, home improvement contractors or other providing service to homes, and of course United States Postal workers.
How Are Work Injuries Treated?
It's OK if the injury happened in the scope of your employment. You can still make a claim on the dog owner, even though workers compensation (from your employer).
Your rights as against the dog owner are not cut off by the fact that you're getting workers' compensation. To be clear, your can seek both workers comp (from your employer) and and an award against the dog owner for damages not covered by workers comp. This applies to:
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- Mail carriers -- Fed EX, United States Postal Service (USPS),
- Amazon delivery people,
- Uber Eats person, Domino's, or other food delivery, and
- Person doing utility work for Verizon (VIOS), Comcast (XFinity), or any other public or private employer.
Is a Dog Bite Claim Only about Money?
For our clients, it's about more than money.
It's about justice and helping prevent future canine attacks. For one thing, a civil claim is an excellent way to get the dog owner's attention about his canine's dangerous behavior. It may also cause the dog owner's liability insurance carrier to raise its rates of drop coverage completely. This can pressure the dog owner to be more careful, get better traing for his dogs, and/or having the offending animal re-homed, to a safer location, especially when criminal prosecution of the dog owner has failed to bring about change.
Who Can Be Held Responsible For a Dog Bite Claim?
Any person or corporation can be liable for injuries from an animal attack, including:
A Landlord or Property Owner Where the Dog is Harbored. However, the landlord must have both (a) the ability to control the dog and (b) actual prior knowledge of the dog's vicious propensities. Click here for more.
The Government. Governmental immunity exists, except when property owned by the government (a dog) causes harm, but certain time limits may apply. Government and police can also be liable for K-9 unit attacks as a violation of civil liberties via the use of "excessive force." See 42 U.S.C. § 1983.
Dog Walkers, Dog Sitter, or Kennel. 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.
Liability for a Support Animal or Service Dog. 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).
Moreover, changes to the dog bite law will took effect in January of 2024, imposing new fines for dog related attacks and creating stricter guidelines for kennels to follow.
How Long is the Statute of Limitations to Sue For a Dog Bite in PA?
You have two (2) years to both retain counsel and file suit to recover money for injuries from a dog bite Pennsylvania, if an adult. See 42 Pa. C.S. § 5524. A child victim has two years from the minor's eighteenth birthday to file suit, or until age 20. That said, you should not delay, because witness memories can fade.
If the the government was somehow at fault, you may only have six (6) months to make a formal claim on the same. Your Pittsburgh lawyer must identify all possible parties who may be responsible, so they can timely protect all claims.
Where Does a Financial Recovery Come From?
Homeowner's insurance and renter's coverage will often cover a party sued for causing a dog bite. Unfortuantely, a dog owner is not required to carry liability insurnace, unlike a motor vehicle operator. On the positve side, rarely, if ever, do liability insurance carriers deny coverage based on the breed fo dog. However, the insurance carrier may offer other reasons for the denial.
There may also be "umbrella" or other coverage. Our Pittsburgh lawyers look for all possible sources of coverage to maximize your recovery.
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. However, the defendant may seek to record your deposition. This, however, merely involves you testifying in lawyer's conference room, typically, with no judge present.
How Long Does it Take to Get a Resolution of a Dog Bite Claim?
This depends on the skill, persistence, and investigative work done by your attorney. Knowledge of prior settlement and verdict amounts also matters. For example, a demand for money to settle that is greatly out-of-line with recent verdicts will often cause the dog owner or his insurance carrier put the case on a path for litigation indefinitely.
How Are My Medical Bills Paid?
Ultimately, the dog owner may be responsible to pay all your medical bills. But this can take some time. In the interim, you do not want any bills to go into collections. Thus, to protect your credit rating, you should turn your medical bills your own health insurer, such as UPMC, Highmark, DPW, Medicare, etc. This is true, even if the dog owner will ultimately be lbe responsible to pay the bills.
What is Subrogation?
This is a fancy word for your health insurace carrier's right to be paid back out of any settlement you get with the dog owner. So for examle, let's say you have private medical insurance company (such as UPMC, Highmark) or you have government insurance (DHS, or Medicare). And, your health insurance pays $5,000 for your treatment. Your health insurer may then pursue a subrogation lien (the right to be paid back) out of your settlement.
Your Pittsburgh attorney should seek enough money during settement discussions to pay all liens, of course. We go the added step to negotiate down liens, to put more money in your pocket.
Make sense? If not, call us! It's free.
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 how to properly value a dog bite claim. In fact, we watch the docket each week and read trade papers about settlements obtained by other firms.
Also, the dog owner's lawyer or insurance carrier will ask you to sign a release of all claims, before paying you any money. However, you risk signing away important rights.
Likewise, when settling your case, your failure to take into account a medical lien (discussed above) can expose you to penalties and/or a denial of medical coverage in the future.
What Happens if a Guide Dog or Support Canine is Attacked?
If your guide dog was attacked, special rights exist. A "guide dog" includes animals having specialized training to help those who are blind (vision impaired), deaf (hearing impaired), or handicapped. The owner of a dog that attacks a guide dog can face punishment pursuant to 18 Pa.C.S.A. § 5535, which can include:
- A fine of up to $15,000.
- Veterinary costs for the injured canine,
- Paying the cost of a replacement dog, if necessary
However, no special rights exists for an attack a "support dog." There, the main value of your claim depends on the harm to you, not your dog, for your loss of support from the dog.
Do you Offer a Free Case Evaluation?
Yes. We offer a free consultation that includes a full case evaluation. Then, 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.
Coming to A Location Convenient For You
Our Pennsylvania dog bite attorneys come to you home, hospital, or public meeting place convenient for you, such as Starbucks or Panera Bread. We come to you in Allegheny, Beaver, Butler, Erie, Mercer, Washington, and Westmoreland counties. We answer all your questions even you do not retain us.
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.
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412.400.5476