Fatal Dog Attacks in Pennsylvania: Legal Rights and Remedies
Dog attacks are traumatic events, which can cause not only lasting physical and emotional scars, but also death, especially for those most vulnerable, including the very young and old.
When a fatal dog attack occurs in Western Pennsylvania, surviving family members are left grieving, often in shock. They also face complex legal questions. These include accountability, compensation, and justice.
Our firm assists families through this difficult process. We pursue wrongful death (damages for the impact on the family) and survival actions (damages the deceased could have claimed) under Pennsylvania law.
Legal Framework for Fatal Dog Attacks in Pennsylvania
These claims typically arise under two related statutes. They are the Wrongful Death Act, 42 Pa.C.S. § 8301, and the Survival Act, 42 Pa.C.S. § 8302.
Wrongful Death vs. Survival Actions
These claims are often brought together. However, they serve different purposes. They also compensate different harms.
Wrongful Death Claims
A wrongful death claim is brought for the decedent’s beneficiaries. These are usually the spouse, children, or parents. The goal is to compensate them for their personal losses.
Damages may include:
- Funeral and burial expenses
- Loss of financial contributions
- Loss of services, society, and comfort
Pennsylvania courts have been consistent. Wrongful death damages reflect both economic and relational losses suffered by family members.
Survival Actions
A survival action is brought by the decedent’s estate. It represents the claim the deceased could have brought if they had lived. It focuses on harm suffered between injury and death.
Damages may include:
- Conscious pain and suffering before death
- Lost earnings from injury to death
- Loss of future earning capacity
Pennsylvania appellate courts have clarified an important point. Even brief pre-death suffering can support a survival claim. This applies even when death occurs quickly.
Key Case Law Considerations
To recover damages, the plaintiff must show a basis for liability. However, with changes to PA’s Dog Law in 2024, liability will exist in most instances unless the victim had provoked the dog to attack. Clear instances of liability include:
- Owners (or those harboring a dog) may be liable if they knew or should have known of a dog’s dangerous tendencies.
- Violations of the Dog Law can constitute negligence per se.
- Strict liability exists for medical bills.
Landlords may share liability in some cases, but only if (1) they had actually known about the dog’s dangerous propensities prior to the attack and (2) they had opportunity to prevent the harm, such as enough time and reason to evict a tenant-dog owner, for example.
Survival vs. Wrongful Death: Why the Label Matters Financially
The distinction between a survival action and a wrongful death action is not just academic. It has real consequences for creditors and tax treatment.
Survival Proceeds: Belong to the Estate
A survival action is legally treated as if the decedent had lived and brought the claim themselves. Because of that:
- The recovery becomes part of the decedent’s estate
- It is available to pay the decedent’s debts and liabilities
- It may, depending on the nature of the damages, be treated as taxable income
In other words, survival damages are essentially the decedent’s own money, recovered after death.
If the survival claim includes components like lost wages, those amounts may also be treated as taxable income to the estate (while damages for personal physical injuries are generally excluded under federal law, there are important nuances depending on how the allocation is structured).
Wrongful Death Proceeds: Belong to the Beneficiaries
A wrongful death claim is fundamentally different. It is not the decedent’s claim. It belongs directly to the statutory beneficiaries (spouse, children, or parents).
Because of that:
- The recovery does not pass through the estate
- It is not available to the decedent’s creditors
- It is generally not subject to estate debts
These funds are meant to compensate the family for their losses, not the decedent’s.
From a tax standpoint, damages for personal physical injury or death are generally excluded from gross income under federal law. However, proper allocation still matters, particularly where claims involve economic losses like wages.
Why Allocation Matters
Because of these differences, how a settlement is allocated between survival and wrongful death can have major consequences:
- A higher survival allocation may expose more funds to creditors
- A higher wrongful death allocation may better protect the recovery for the family
Courts in Pennsylvania, including those in Allegheny County, require that allocations be explained and justified when approving settlements. The allocation must be reasonable and supported by the facts.
Court Approval of Wrongful Death and Survival Settlements
Pennsylvania law requires court approval of these settlements. This is a critical procedural step. Allocation between wrongful death and survival proceeds must also be addressed. This affects tax issues and creditor claims.
The procedures for court approval differ by county. In Allegheny County, the process usually includes:
- Filing a Petition for Approval of Settlement in the Court of Common Pleas
- Providing details about the incident and the settlement
- Explaining how the proceeds will be distributed
- Showing the settlement is fair and in the best interests of beneficiaries
- Obtaining a court order approving the proposed settlement
- Filing with the court certification that the parties followed the court’s order
Damages in Fatal Dog Attack Cases
Damages can be substantial. They depend heavily on the facts of each case.
Economic damages often include lost earning capacity. For younger or employed individuals, this can be significant. It is calculated based on expected lifetime earnings.
Complications arise in certain cases. For example, when the decedent was elderly or not working. In those situations, lost wage claims may be smaller.
However, that does not mean the case lacks value. Non-economic damages can still be significant. These include loss of companionship, services, and pain and suffering.
Each case requires careful analysis. Experts are often involved. These may include economists, medical professionals, and life expectancy specialists.
Additional Context
We are also linking to our recent article. It discusses the rising number of fatal dog attacks nationwide. That article provides broader context for these tragic events.
Moving Forward
Losing a loved one to a dog attack is an unimaginable tragedy. No legal action can undo that loss.
However, pursuing a wrongful death and survival claim can help. It can provide financial stability. It can also create accountability and a measure of justice.
Our firm guides families through every step. We offer free, no-obligation consultations. This is available to family members and loved ones of victims of fatal animal attacks.
If you have questions about your rights or potential claims, we are ready to help.
Get a Free Consultation!
Unfortunately, fatal attacks are becoming more common. Our attorneys provide a free, no obligation consultation about any dog attack in Pennsylvania.
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