Our Pittsburgh dog bite lawyers primarily represent individuals (including an adult or child) attacked by a canine. That said, many of our lawyers have also defended high-value (multi-million dollar) cases all the way to verdict.
So what about the defense perspective? Can a defendant sued for money ever win?
The answer is yes.. and it happens often.
Burden of Proof
Defendants not only can win, they must win, if the Plaintiff fails to proffer a preponderance of credible evidence to meet her burden of proof. This is per the standard jury instruction in both state and federal court. In fact, in dog bite cases, the plaintiff must prove a negative: that the dog was unprovoked!
Limited Liability Among Multiple Defendants
In a dog bite claim where there are multiple Defendants potentially responsible for Plaintiff’s injuries — such as multiple owners of the dog — each is liable for only his portion of harm he created. This is pursuant to the “Fair Share Act” of Pennsylvania. So, let’s say a jury awards the Plaintiff $100,000, and finds the dog owner 55% at fault, and his landlord (for not building an adequate fence) 55% at fault. Then, each pays $45,000 and $55,000, respectively.
However, there may be limitations coming to the Fair Share Act, opening the door for a return to the former “joint and several” liability rule. (There, each defendant is responsible “jointly and severally” for the entirety of Plaintiff’s harm.)
Does the Defense Ever Have the Burden of Proof?
The answer is yes.
It’s rarely a good strategy for the defense to sit back silently and hope the judge or jury will refuse to buy Plaintiff’s case. In dog bite cases, there exist certain affirmative defenses. Here, the burden shifts to the Defendant, to prove such things as:
Comparative negligence on the part of the Plaintiff – claiming, for example, that plaintiff ignored a “beware of dog” sign (click here for more), or
Statute of limitations – this is a defense to all civil claims in Pennsylvania; it’s two years from the date of the attack.
For these defenses, the burden shifts to the defendant to offer a preponderance of credible evidence.
Great Counties to Win a Defense Verdict
Some counties in PA are more defense-friendly than others. For example, historically, counties in Western PA — including Allegheny, Beaver, Butler, Washington and Westmoreland — have been defense oriented. Here, jurors tend to be the children or grandchildren of coal or steel mill workers. Many believe: “This is a company town. You make your money at the mill, not in a courtroom. We don’t sue. Got that? Now pass the stuffing, child.”
Thus, even years after most Western PA milling operations have ceased, many jurors will refuse to award a Plaintiff anything for her injuries, absent a significant claim for lost wages from the injury. The simple fact is, jurors have seen too many lawyer TV commercials and billboards. Many will refuse to award any money to the plaintiff or her “Television attorney.”
But there are some exceptions.
Can We Win A Defense Verdict at Trial?
Our defense clients often ask us: can we win? The answer is yes. I often say: “I think I can win any case, but it’s your name on the verdict slip, not mine.” There are some highly emotional cases where you never want your name on a verdict slip, where 12 jurors are alone with the blank verdict slip, in a room.
For example, we represented a man whose penis had been severed almost entirely by a dog, which had attacked him from behind, tearing out the back of his jeans. In another case, an elderly man — who feared dogs and therefore moved to a retirement community that excluded dogs — was attacked by two (2) rogue pit bulls, that entered the community, and dragged him to the ground. He suffered a concussion, and partial hearing loss. Only, it wasn’t over. He had to fight for his life, on the ground, in a pool of his own blood.
In each of the above cases, the dog owner had no money or insurance; the defendant was a landlord (i.e., not the dog owner) represented by a large firm and experienced defense counsel. Landlord cases are difficult to prove. Their skilled lawyers advanced well-reasoned and very good defenses, factually, to each claim.
Both of those cases settled for significant compensation.
Every Case is a Gamble
I have the honor of being asked each year to speak to students about trial tactics, at Duquesne Law School. I always tell them: “There are no guarantees in litigation. No case is a ‘slam dunk’ for the Plaintiff or defense.” When it comes to evaluating an award for pain and suffering, the jury can come up with almost any number, high or low. One well known trial attorney was reminded of this concept — as a Defendant, himself. As reported in the Legal Intelligencer:
A high-profile personal injury attorney has found himself in unfamiliar territory: on the defense end of a civil lawsuit, and one that recently came to a multimillion-dollar award for the plaintiff.
In November, a woman who broke her foot trying to flee from a potential dog attack won a more than $3.1 million verdict against Dean Weitzman and his wife, Meiyang Zhang. Weitzman is the managing partner of Silvers, Langsam & Weitzman, a firm whose advertising as “MyPhillyLawyer” is ubiquitous throughout the city.
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Each Pittsburgh lawyer at our firm is here to assist with any dog bite or animal attack claim in Pennsylvania.